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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 

Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4S03 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


<\ 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  im^tges  in  the 
reproduction,  or  which  may  si^^nificantly  change 
the  usual  method  of  filming,  are  checked  below. 


n 


D 


□ 
n 

D 
D 

n 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul^e 


I      I    Cover  title  missing/ 


D 


Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g6ographiques  en  couleur 


Coloured  inl(  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Peiid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serrde  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Commentaires  suppl6mentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuveni  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiquis  ci-dessous. 


I      I    Coloured  pages/ 


I      I    Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagdes 

Pages  restored  and/oi 

Pages  restaur^es  et/ou  pelliculdes 

0    Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachetdes  ou  piqu6es 

Pagos  detached/ 
Pages  ddtachdes 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualitd  in6gale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  matdriel  suppl^mentaire 


I      I  Pagos  detached/ 

r~T\  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 


D 
D 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc..  ont  6t6  filmdes  A  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  chocked  below/ 

Ce  document  est  film6  au  taux  de  rMuction  indiqud  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 


16X 


20X 


24X 


28X 


32X 


(aire 
B  details 
^ues  du 
It  modifier 
;iger  une 
e  filmage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

National  Library  of  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


L'exemplaire  film6  fut  reproduit  grflce  A  la 
g6n6ro8it6  de: 

Bibliothdque  nationals  du  Canada 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  filmi,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


1/ 
|u6es 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couver^ure  en 
papier  est  imprim6e  sont  filmds  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END  "), 
whichever  applies. 


Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  -^»  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


aire 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  &tre 
film^s  d  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  film6  d  partir 
de  Tangle  sup^rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n^cessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


by  errata 
ned  to 

ent 

une  pelure, 

fapon  d 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

Tl 


w. 


HAT] 

the  (lespatf 
miiiiicAted 
the  prosent 
ull  iiatiuiis, 

The  Uni 
of  Paris,  fr 
compelled  t 
the  relation 
8in!»le  Condi 
and  iinimpi' 
ilv,  consisti 
nations,"* 
an  nnprece 
e»in]mi£;n  ; 
tranquillity 

But  the 
ernmeiitof 
sislins;  bct> 
was  I'.SIed;^ 
feet  recipn 
and  with  tl 
diselaimin! 
omptorily  ( 
for  their  oi 
At  one  tin 
Indians  inl 
established 
Great  Brit 
that  deficit 
basis,  whif 
not,  probal 
as  of  soil, 
States,  inli 
And  more 

•  ??ee  VI I- 
•J-  Sec  Lor 

*  Sue  the 
§  S  ce  the 

of  thu  BritisI 
contmigsioiie 
dutk'd  the  4tt 
of  Septeriibe 
ber,  1814  ;  t 
the  note  ot 
the  Aqicrica 


AN 


EXPOSITION 


or 


TilK  CxVUSKS   AX  I)  CHARACTER 


Off 


THE  LATE  IVAB. 

||.Vllit';ated  to  tlic  pen  of  Mr.  Secretary  Dallas.] 


"fF» 


^^^V^fl* 


▼  T  HATKVEIl  may  Hr  the  termination  of  the  npgociations  nt  Ghent, 
the  (Ie!4|mtclios  of  the  American  cominissiouers,  which  litivc  been  eom- 
mniiicrtled  by  the  President  of  tlie  United  States  to  the  Congress,  diirine 
tlie  prouent  Hcssinn,  wiii  distinctly  nnfuld,  to  the  ailealive  and  imparliul  oi 
uti  nations,  the  objects  and  dispositions  of  the  parties  to  the  present  war. 
The  United  Slat^^*  I't'Iioved  liy  the  general  paeificatiuu  of  the  treaty 
of  Paris,  fro.n  the  danger  of  actnal  suQerance,  nader  the  evils  which  had 
compelled  them  to  resort  to  arms,  have  avowed  their  readiness  to  resume 
the  relations  of  peace  and  amity  with  Great  Britain,  upon  the  simple  and 
sini^le  condition  of  preservioi;  their  territory  and  their  sovereignty,  entire 
and  nnimpiiired.  Their  desire  of  p»ace,  indeed,  "upon  terms  of  reciproc- 
ily,  consistent  with  the  rights  of  all  parties,  as  sovereign  and  independent 
nations,"*  has  not,  at  any  time,  been  influenced  by  the  provocations  of 
an  unprecedented  course  of  hostilities  ;  by  the  incitements  of  a  successful 
uampais^n  ;  or  by  the  ai^itations  which  have  seemed  again  to  threaten  the 
tranquillity  of  Europe. 

But  the  British  j^overnment,  after  invitin:;  "a  discussion  with  the  s;ov- 
ernment  of  America,  for  the  conciliatory  adjustment  of  the  difterenees  sub- 
sislins*  between  the  two  states,  ivith  an  earnest  desire  on  their  part  (as  it 
was  »*.'led;»ed)  to  brinj;  them  to  a  favorable  issue,  upon  principles  of  a  per- 
fect reciprnciry,not  inconsistent  with  the  established  maxims  of  public  law, 
and  with  the  maritime  rights  of  the  British  empire  ;"t  and  after  ''expressly 
disclaiming  any  iutention  to  acquire  an  increase  of  territory ."^  have  per« 
omptorily  demanded,  as  the  price  of  peace,  concessions  calculated  merely 
for  their  own  agi^-randizemfnt,  and  for  the  h'imiliation  of  their  adversary. 
At  one  time,  they  proposed  as  tlw'ir  sine  (/ua  non,  a  stipulation  that  the 
Indiitns  inhabiting  the  cout  iry  of  the  Uuited  States,  within  the  limits 
established  by  the  treaty  of  17S3,  should  be  included  as  the  allies  of 
Great  Britain  [a  party  to  that  treaty]  in  the  projected  pacification  ;  and 
that  definite  boundaries  should  be  settled  for  the  Indian  territory,  upon  a 
basis,  which  would  have  operated  to  surrender,  to  a  number  of  Indians, 
not,  probably,  exeedinga  few  thousands,  the  rights  of  sovereignty,  as  well 
as  of  soil,  over  nearly  one  third  of  the  territorial  dominions  of  the  Uuited 
States,  inhabited  by  more  than  one  hundred  thousand  of  their  citizens. § 
And  more  recently,  (withdrawing,  in  efl'ect,  that  proposition)  they  Lave 

•  See  Mr.  Monioo's  Iftter  to  Lord  Castlercagh,  «latu(J  January,  1814, 

t  See  l..or(l  Cmilereasli's  letter  to  Mr   Monroe,  diited  tlic  4tl>  of  November,  1813. 

4:  See  the  Amei'icHi)  ilcspntcli,  (luted  the  I'itli  of  Aiiggst,  1814. 

$  Sec  the  Aniencur.  despntcheH,  dated  tlie  IQth  mid  lOth  of  Angus',  18)4;  the  note 
af  the  British  coniniissioiiers,  dated  the  19tli  of  August,  1814  ;  the  note  ofthe  Aiiierioan 
commissioners,  dated  the  Hat  of  August,  1814 ;  the  note  of  the  British  coniniissioiiers, 
dated  tlie  4th  of  Seoteniber,  1814  ;  the  note  of  the  American  commisiiioners,  ot  the  9th 
of  Sci»lenibei',  1814  ;  the  note  ofthe  British  commissioners,  dated  the  19th  of  Septem. 
ber,  1814  ;  the  note  ofthe  American  commissioners,  dated  the  -iGth  of  SeptcHiber,  18t4; 
the  note  of  the  Urilish  ccmiDissioiu-rs,  dated  the  8th  of  Octobef,  1814;  and  the  uotc  of 
the  American  commissioners,  of  the  13th  of  October,  l8!i. 


i. 


s 


oftVreil  to  Ircat  im  llir  Ua^'i**  ni'll.o  nil  y;ass»(/p/is ;  svlipii  liy  I  lie  «|M'r<it !(!:«« 
of'So  vviM'.  ihey  liiid  ()I)taiiK'il  (lu»  iiiiiiliry  posse^sioinjl'mi  iinporlaiit  piirl 
«f  li  ■'  stHte  ot*  Ma8»ui'liii'*»".lH,  ulii(rli.  it  was  knouii.  con  Id  iiiviT  lie  llic 
siiliject  ol'rt  iM'.nsinii,  (u)nsi.sU'ii(ly  wilh  (hi'  Ii<iii(iruii«iri)i(li  tti'liic  AiiifiiciUk 
ii;»)ViTiiin('iil.»  Tims  it  in  oltvioiH,  lli;U  (iroat  Hrilaiii.  nt-iilior  rci^ardieiir 
'mIjc  |iriri(*i(iles  t»f  a  prrrrcl  r(<ci|»rofily,'*  mn*  llio  rule  dT  lu*r  (»v»ii  praclicc 
titid  pritlVsHiotis.  lias  indulged  pri'tciilion**  which  could  only  he  heaid  in  or- 
(K-r  to  ht^  n-jccfcd.  The  allcnialive  eilluT  vindictively  )o  prolrael  (he 
war.  or  lioii(ira!)ly  to  end  it,  hat*  heeii  I'airlv  s^iven  to  her  opti  »n  :  hnt  s!ie 
wants  the  iiMi^iianiinily  to  decide,  while  lier  apprehensions  are  awakened, 
Cor  the  result  ot*  tf>e  congress  at  \  ietina,  and  her  hopea  iiru  ilatlered,  hy 
the  selienies  of  con(|iiests  in  America. 

Thkhe  Jire  periods  in  the  Irausaetions  of  every  country,  as  well   as   in 
the  life  of  every  indi'idnal,  when   self-exnmiuali<in  heeoines  a  <lnly  of  the 
highest  nioral  obli:;ati>)n  ;  when  the  ^overniiient  of  a  free  people,  driven 
from  the  path  of  peace,  and  halHi-d  in  every  effort  to  regain  it,  may  resort 
for  cons(di.(ion,  to  the  conscious  recliliide  of  its  measures  ;  an<l,  when  an 
app>-al  to  mankind,  founde<l  upon  I  ru  1 1:  and  Just  ice,  cannot  fail  to  en^ai^c 
those  sym  latliies,  hy  which  even  nations  arc  led  to  participate  in  the  fame 
and  fortunes  of  each  other.     The  United  States,  under  these  impressions, 
are  neither  inseiHilile  to  the  advanlai^es,  nor  to  the  duties  of  their  pecu- 
liar  situ'ilioii.     They   have  hut  recently,  as  it  were,  established  their  in- 
dependence ;  and   t!ic  volume  of  their  national  history  lies  open,  at  a 
fiance,  to  every  eye.     The  p«dicy  of  their  government,  therefore,  what- 
ever it  has  been,  in  their  foreign,  as  well  as  in  their  domestic  relations, 
it  14  iinpoiisible  to  conceal  :  and  it  must  he  ditlicult  to  mistake.     If  the 
assertion,  that  it  has  been  a  policy  to  preserve  peace  and  amity  with  all 
the  nations  of  the   world  he  doubled,  the  proof*  are   at   hand.     Ifthn 
assertion  that  it  has  been  a  policy  to  maintain  the   rights  of  t>.e   United 
i:*(iite»,  but  at  the  same  time,  lo  respect  the  rights  of  every  other  nation, 
he  doubted,  the  proofs  will  he  exhibited.     If  tlie  assertion,  that  it  has 
been  a  policy  to  act  imparliiiiiy  towards  the  belligerent  powers  of  Europe^, 
be  dbiibted.  the  proofs    will  he  found  on   record,  even  in   the  archives  of 
K.ngland  and  of  France.     And  if.  in  tine,  the  assertion,  thut  it  has  been  a 
policy,  iir  all   hunorable  means,  to  cultivate  v»ith  Great  Britain,  those 
sentiments  of  mutual  good  will,  which  naturally  belong  to  nations,  con  ■ 
nected  by  tlie  ties  of  a  eomiiK*')  ancestry,  an  identity  of  language,  and  a 
sitniliirily  of  maunei-s.  be  «!onble(I.  the  prtiofs  will  be  found  in  that  patient 
joriti'arance,  under    (he   pressure  of  accumulating  wrongs,  which  marks 
the  pei-iod  of  almost  thirty  years,  that  elapsed  between  the  peace  of  i78ii 
an. I  the  ruplure  of  tSI?. 

TiiK  Unitf'd  States  had  just  recovered,  under  the  auspices  of  their  pres- 
ent constitution,  from  the  debility  which  their  revolutionary  struggle  had 
produced,  when  (he  eouvnlsive  movements  of  France  excited  throughout 
the  civilized  world  the  mingled  sensations  of  hope  and  fear  :  of  admira- 
tio!i  and  alarm.  The  interest  which  those  movements  would,  in  them- 
selves, have  excited,  was  incalculably  increased,  however,  as  soon  as 
(irctt  Britain  became  a  party  to  tlie  tirst  mer.^.orable  coalition  against 
France,  and  assumed  the  cliaracter  of  a  belligerent  power  ;  for,  it  was 
obvious,  that  the  distance  of  the  scene  would  no  longer  exempt  the  United 
States  from  the  intluence  and  the  evils  of  the  European  confliet.  On  the 
one  hand,  their  government  was  connected  with  France,  hy  treaties  of  h! 
Ilance  and  commerce;  and  the  services  which  that  nation  had  rendered 
to  the  cause  of  American  independence,  had  made  such  impressions  iipop. 
the  public  mind,  as  no  virtuous  statesman  could  rigidly  eoudemu,  and  the 

•  Sop  the  note  of  tlie  British  cominissioners,  dated  the  21sf  of  October,  1814;  the  note 
ot'tftf  Aini-ricnn  cominiaBinncrs.  dated  the  24th  of  October,  1814;  and  tlie  note  ol'  the 
It  iiisli  coniniisuoners,  dated  the  3tst  of  October,  1814. 


* 


r.ifio!:.' 

ii(  |i!irt. 

I)c  the 

r:iclic(; 
fl  ill  or-. 
ift  llio 
lilt  h\h'. 
ikcncil, 
led,  Ity 

«s  in 

of  (lie 

•I  riven 

rcsoit 

ItiMi  ;iii 


at  a 


fton- 


jtiHisl  rij»nnitiK  titiilchiniiii  would  liuvosonght  in  vnin  (o  eft'tvcf.  On  tltenth- 
iT  liiiiid,  (Jrt'ut  liiiiuiii,  U'uviii;;  llic  licaty  of*  1783  iiiu-xi-ciUfd,  forcibly 
rolui.'ied  llif  AiiKMii'iiii  posts  ii|i(iii  (lie  iiortliern  froiilifr;  mid  sli(;lilin^ 
every  ovprliirc  to  place  (lie  dihiomalie  luid  coinincreini  rclnlions*  of  the 
two  c'otinlries,  upon  a  luir  Hiid  rriciidly  found)' 'Jtii,*  seemed  lo  conlem* 
pitile  tlie  !4iicee)4<i  O)^' itic  Ainericiui  revolution,  in  ai  npiril  of  nnextin^iiicilm- 
l)le  nniinoMity.  Her  voice  had,  indeed,  been  heard  from  Quebec  and  Mon- 
treal, iiistlj5atin,i5  the  «avus»e8  to  war.f  Her  invisible  arm  was  fell  in  the 
defeat  of  Gen.  Harniar,|  and  Gen.  ifii.  Ulair,§  and  even  the  victory  of 
Cien.  Wayne, i|  was  achieved  in  the  presence  of  n  fort  which  she  hHd 
erected,  far  within  the  territorial  bouudariesof  the  United  States,  to  trtim- 
iihiti!  an<l  coiiiitenanee  the  barbarities ol' the  Indian  warrior.^ 

Vtr,  the  American  ^overnnu>nt,  neither  yieldinj^  to  popular  feeling, 
fior  acliui;  upon  the  impulse  of  nulional  resentment,  hastened  lo  adopt  the 
policy  of  a  strict  and  steady  neniralily ;  and  solemnly  antiNunceu  that 
policy  lo  the  citizens  at  home,  and  to  the  nations  abroad,  by  the  procla- 
nitition  of  the  22t\  of  April,  1793.  Whatever  may  have<ieen  the  trials 
of  its  pride,  and  of  ils  fortitude  ;  ^vhatever  may  have  been  the  imjiutations 
upon  its  iidelity  and  its  honor,  it  will  be  demonstrated  in  the  sequel,  that 
the  American  government,  throughout  the  European  contest,  and  amidst 
all  the  changes  of  the  objects,  and  the  parties,  that  have  been  involved  iu 
that  contest,  has  inflexibly  adhered  to  the  principles  which  were  thus, 
authoritatively,  established,  to  regulate  the  conduct  of  the  United  States. 
It  was  reasonable  to  expect  that  a  proclamation  of  neutrality,  issued 
under  the  circumstances  which  have  '>een  described,  would  command  the 
eouHdence  and  respect  of  Great  Britain,  however  oftensive  it  might  prove 
to  France,  as  contravening,  essentially,  the  exposition  which  she  was  anx- 
ious to  bestow  upon  the  treaties  of  commerce  and  alliance.  But  experience 
lias  shown,  that  the  conlidence  and  respect  of  6.  Britain  are  not  to  be  ac- 
quired by  such  acts  of  impartiality  and  independence.  Under  every  admin- 
islration  of  the  American  government,  the  experiment  has  been  made,  and 
.the  experiment  has  been  equally  unsuccessful :  for  it  was  not  more  efTeetu- 
ady  ascertained  in  1812.  than  at  antecedent  neriods,  that  an  exemption  from 
tli«  marilinie  usurpation  and  the  eomniercial  monopoly  of  G.  Britain,  could 
only  be  obtained  upon  the  condition  of  becoming  an  associate  in  her  enmi- 
ties and  her  wars.  While  the  proclamation  of  neutrality  was  still  in  the 
view  of  the  British  minister,  an  order  of  June  8, 1793,  issued  from  the  cabi- 
net by  virtue  of  which  "  all  vessels  loaded  wholly,  or  in  part,  with  corn, 
Hour,  or  meal,  bound  to  any  port  in  France,  or  any  port  occupied  bv  the 
armies  of  France,"  were  required  to  be  carried,  forcibly,  into  England ; 
and  the  cargoes  were  either  to  be  sold  there,  or  security  was  lo  he  given, 
that  they  should  only  be  sold  in  the  ports  of  a  country,  in  amity  with  his 
Britannic  Majesty.**  The  moral  character  of  an  avowed  design  to  inflict 
famine  upon  the  whole  of  the  French  people,  w  as,  at  that  time,  properly 
estimated  throughout  the  civilized  world  ;  and  so  glaring  an  infraction  of 
neutral  rights,  as  the  British  order  was  calculated  to  produce,  did  not  es- 
cape the  severities  of  diplomatic  animadversion  and  remonstrance.  But 
this  aggression  was  soon  followed  by  another  of  a  more  hostile  cast.  In 
the  war  of  1756,  Great  Britain  had  endeavosldd  to  establish  the  rule,  that 
neutral  nations  were  not  entitled  to  enjoy  the  benefits  of  a  trade  with  the 

•  See  Mr.  Adsms' correspouiJence. 

t  See  the  speeches  of  Lord  Ooi'bhcster. 

^  On  the  water*  of  the  Miami  »i'  the  lake,  on  the  21(t  of  October,  1790.       '*   ' 

§  At  Fort  Recovery,  on  the  4th  of  November,  1791. 

ii  On  the  Minmi  of  the  lakes,  in  Augnst,  1794. 

^  See  the  correspondence  between  Mr  Randolph,  the  American  secretaiy  of  state, 
and  Mr.  Hammend,  the  British  plenipotentiary,  dated  M^y  and  June,  1794. 

••  See  the  order  in  GOUDcil  of  the  Stb  sf  June,  1703,  and  the  remoustrance  of  the 
Americnn  goverumeat. 


m 


colonies  of  i>  hpllii^rrcul  power,  from  «liioli,  in  (lie  sriisoii  of  jiPatT,  (Iicy 
were  cxcIikIcm!  by  tli(M);iro;il  slali'.  Tlic  rule  hIuihIs  willioiit  positivi-  s(i|i> 
port  from  niiv  t;nicrul  aiilliorily  oti  |Milili«*  h\\\.  \i'  it  be  Iriu',  llial  hoihi> 
trctttii'H  cotil.tni  Hli|Miliitioii!<,  by  Mliich  ibc  piirlicH  cxprt'Saly  cxcliule  eaeli 
other  IVom  lln-  conimtTct'  ol'llioir  rcKpfrtivf  colotiier' :  iiiiil  if  Ix-  iriit,  thai 
the  oidinuiierH  «»f  u  piirliciilar  stale.  nUvn  provide  for  the  e\»*luHive  en- 
joyment of  its  eoloninl  enmmeree;  still  (iircal  Hritiiiii  cunnot  be  aiilhor- 
i/,ed  lo  dedtie.i-  the  rule  of  the  wnr  of  l7.7fl,  by  inipiieittion,  from  Hueli  trea- 
ties and  siieii  ordiiiunees,  \tliiie  it  is  not  true,  that  (be  rule  forms  a  piirt 
of  (he  law  of  nations:  nor  ihut  it  has  been  udupted  by  any  other  f^overn- 
ment ;  nor  that  wen  (ireat  Britain  herself  has  iiniforndy  practised  upon 
the  rnle;  since  its  npplicntion  uas  nnknovMi  fioni  (ho  war  of  17<')tS,  until 
the  French  war  of  I7'.t2.  ineliidini;  the  t  iitire  period  of  the  American  war. 
Let  it  be,  ari^iimentatively,  allowed,  however,  tliut  liivat  Rrituin  nosneas- 
cd  the  right,  as  well  as  (he  power,  lo  revive  an>i  enforce  (lie  rule;  ye(. 
the  time  and  the  manner  of  exerei^^in^  lite  pov.rr,  would  nll'ord  ample 
cnnse  for  reproaeh.  J'lie  eili/.ens  of  the  United  Slate*  had  <»penly  en- 
caa;ed  in  an  extensive  (riide  with  the  Kreneli  ish'.iids  in  (he  West-Indies, 
Ignorant  of  the  alledi;ed  exislenee  of  the  rule  of  ('m;  war  of  17(56,  or  un- 
apprised of  any  intention  (o  rail  it  intoaetion,  when  (he  order  of  (lie  Olli 
of  Movembor,  IT»3,  was  silently  eirculated  among  the  British  cruisers, 
cnnsi^nini;  to  legal  adjn<iication,  **  all  vessels  loaden  with  goods,  the  pro- 
duce of  any  colony  of  France,  or  carrying  provisions  or  supplies,  for  Iho 
Use  of  any  such  colony  ''*  A  great  portion  of  the  commerce  of  the  United 
States  WHS  tlins  anniliilnted  at  a  blow  ;  the  amicable  dispositions  of  the 
giivernment  were  again  disregarded  and  contemned;  (he  sensibility  of  (he 
nalion  was  excited  to  a  high  degree  of  resentment  by  the  apparent  trea- 
cherj  of  (he  British  order  :  and  a  recourse  lo  reprisals,  or  to  war,  for  in- 
di'innity  and  redress,  seemed  to  be  unavoidable.  But  the  love  of  justice 
liad  established  (he  law  of  neutrality  ;  and  (he  love  of  peace  (aught  a 
lesson  of  forbeanitiee.  The  American  government,  therefore,  rising 
superior  (o  the  provocations  and  the  passions  of  (he  day,  instituted  a  spe- 
cial mission,  (o  represer.(  at  the  court  of  ].ondon.  the  injurioa  and  indig- 
nities which  it  had  sun'ored  ;  "to  vindicate  its  rights  witli  firmness,  and 
to  cultivate  peace  with  sincerity. "'t  The  iinniediate  result  of  (his  mis- 
sion, was  a  treaty  of  amity,  coritnierce.  and  navigation  between  the  United 
&^t  ttes  an'  Grent  iiritain,  w  liieb  w  as  sigru-d  by  the  negooiators  on  the  i9lh 
ofiNnvember.  t?«M..ui(!.  (inal!\  ratified  with  Iho  consent  of  (he  ^ena(e,  in 
the  year  i .  93  ;  R:!(  bot'i  tie  mission  and  its  result,  serve,  also,  to  dis- 
play (hf  iiidcpe;ideiiee  and  (he  impai(iality  of  (he  American  government, 
in  asserting  its  rights  and  perf«irming  its  duties  equally  unawed  and  un- 
biassed by  the  inhtri!ineiii'<  ol'iiellitreient  power  or  persuasion. 

On  the  fonnde.tion  ofthis  treaty  the  Uiiile«l  Slates^  in  a  pure  spirit  of 
good  faith  and  C(  nfulenee,  raised  the  hope  and  t!ie  expectation,  (ha(  the 
mari  ^Mie  ngiiri»atioiis  of  (Tieal  l^rilain  would  cease  lo  annoy  Ihcni ;  tSiat 
ail  (litoltlful  claims  oi'jori-dietion  woold  be  suspended  ;  and  that  even  the 
vxeieise  of  an  incojitestible  rigl;t  uouldbeso  modified  ((►  as  (o  present 
neither  insult,  iioroiitrage.  nor  inconvenience,  to  (heir  flag,  or  lo  their  com- 
ineree.  Bn!  lite  hope  and^e  expectation  of  the  United  Htatcs  have  beCn 
fatally  uisa|i|!(ii)ile(l.  Some  reh'.x.itictu  in  the  vigor,  without  any  alteia- 
tion  in  the  principle,  of  the  order  in  council  of  the  Bthof  >.'ovcn  '  er,  1793, 
was  introdneed  liy  the  snhsequf^iit  ordeis  of  the  SIh  of  January,  1794,  and 
the  2,?(!i  o''.Tan(iary.  179S  :^Mt  irom  (he  ratiHcalion  of  the  treaty  of  1794, 
until  the  short  respite  afforded  by  (he  treaty  of  Amiens,  in  1802,  thecom- 
\jieree  of  the  United  States  toiilinucd  to  hetheprey  of  British  cruisers 
ai:d  privateers,  under  llie  adjudicating  patronage  of  the  British  tribunals, 

•  Pte  the  Riitis'    onlrr  oCtlic  Cnh  nf  \ovr  nilier,  ir«l,3. 

t  -«^i'  'I'P  I'rtRif'ruiVnusfi.prt  loilit  spiiatt  oi  llie  lOili  of  April,  I79i,  noiBJtialiug  Mv, 
rtiyns  ejivry  c.\l!i»<ir«;iri«v  to  his  BiiiiiMu  ji.ijcrtj. 


(ion."t 


in  n  "III* 


Atinilu-r  ;»iiL'vancp,  Innvever,  n'simicil  nt  lliiii  rpucli,  a  rdim  n\u\ 
tiidi',  ultich  ciiHl  a  mIiikIc  nver  tl.u  Horial  Inippiiirs'^,  uk  mcII  ns  iIh-  |ioiiti< 
ntl  inH(>|i('iiii('iicc  of  the  iiiiliini.  '1  lie  iiii-rtl.unt  \*'k»(>U  oC  tliu  I'lii'i'il 
htiili-s  Mere  atroslcil  on  (lie  hi^ii  hcuh.  >\)iiU>iti  tlic  pniseculioii  oC  ilm- 
Iniil  vnMt;i;i'>t  :  (•nH<tiilf i'iil)l(*  iiiinil)ers  ol*  tlitir  vt'('\\<4  \M-rt*  iiii|iri-HH(>(l  into 
Iht'  ii:ivul  Kcn  ice  of  (irfiit  liiilaiii  :  llie  cnniiiicicini  lulvcnlnreh  ol'  llic 
owners  nerc  often,  roiiKequently,  di-ft'iitcil  :  and  lite  ioHH  of  |iro|iert>,  ilie 
ciiiliiii'axKuieiits  of  triule  niid  navii^atioii,  and  the  Meene  of  duineMtie  ntllic- 
tion  beeaine  iiitoleral)le.  'IWih  i;ricvaiier  (\tlii«|i  eonstitiites  hii  ini|)(>i'luirt 
surviving  ennseoftlie  Amerieaii  di-elaialitiii  ot  war)  nns  early,  and  lias 
l)eeii  inreHsenll},  nrf;ed  n|)on  tlie  ntt(  ittiini  of  the  Dritisli  sovernnieiii. 
Even  in  llie  year  1792,  tln-y  were  t(»lil  of  "llie  irritation  ijial  it  had  ex- 
cited ;  nnd  of  the  dit)ieully  of  avoidin:;  to  make  ininn-diate  re|triKuU  on 
(heir  !ieanien  in  the  I'nitetl  Stales."*  'I'hey  were  told  "(hat  so  many  in- 
stanees  of  the  kind  hud  happened,  that  it.  wns  qnile  nceessary  that  they 
ttliould  explain  themselves  on  the  snhjeet,  and  he  led  to  disavow  and  pnn< 
ish  8ueh  violence,  which  had  never  been  exjierieneed  from  any  other  nu- 
tion."t  And  they  were  (old  "of  the  ineonvenienee  ofsneh  eondm-i,  and 
of  the  impuHsihility  uf  lettin,^  it  g;o  1111,80  that  the  British  ministry  shonSd 
he  made  sensible  uf  the  necessity  of  punishing  the  pus' ,  and  preventing  the 
future"!  But  after  the  treaty  of  amity,  commerce  und  nuvigatiun,  had 
been  ratified,  the  nature  and  extent  nf  the  grievance  became  still  more 
manifest ;  and  it  was  clearly  and  firmly  presented  to  the  view  of  the 
British  government,  as  leading  unavoidably  to  discord  and  war  between 
the  two  nations.  They  wero  told,  '"that  unless  they  would  come  to  some 
accommodation  which  might  ensure  the  American  .seamen  against  (his 
oppression,  measures  would  he  taken  to  cause  (he  inconvenience  (o  be 
equally  felt  on  both  sides. "§  They  were  told,  "(ha(  the  impressment  of 
American  citizens.  (0  serve  on  board  of  Bri(ish  armed  vessels,  wns  not 
only  an  injury  (0  (he  iinfor(una(e  individuals,  hut  i(  nadirally  exrili-d  cer- 
tain emn(ions  in  the  breasts  of  (he  nation  to  whom  they  belonged, and  of  (he 
just  and  humane  of  every  coiin(ry  :  and  that  an  expectation  was  indulged 
that  orders  would  he  given,  that  the  Americans  so  circumstanced  should 
be  immediately  liberated,  and  that  the  British  otHcrrs  should  in  future 
abiilain  from  similar  violences. "|j  They  were  (old,  "(ha(  the  Riibjecl  \>«s 
nfmuch  greater  importance  than  had  been  supposed:  and  that  instead 
of  a  few,  and  those  in  many  instances  equivocal  cases,  t  he  American  min- 
ister at  (he  court  of  London  had,  in  nine  months  [  part  of  the  years  I7<t6 
and  1707]  made  applications  for  the  discharge  of  (mo  hundred  und  seven- 
ty-one seamen,  who  had  in  most  cases,  exiiibited  such  evidence,  as  to  satisfy 
him  that  they  were  real  Americans,  forced  into  the  British  service,  anil 
persevering  generally,  in  refusing  pay  and  bounty."^  They  were  told, 
''that  if  the  British  government  had  any  regard  to  (he  rights  of  (he  United 
Slates,  any  respect  fur  the  nation,  and  placed  any  value  on  their  friend- 
ship, it  wonld  taciliate  the  means  of  relieving  their  oppressed  citizens. "•* 
They  were  told  that  "the  British  nava!  ofticers  often  impressed  Swedes, 
Danes,  and  other  foreigners,  fro^.  th«:  vessels  of  the  United  JBlales  ;  that 
they  might  vvith  as  much  reason,  rob  American  vessels  of  the  properly  or 


•  See  tJie  letter  of  Mr.  Jifiirsnn,  secretory  of  slnte,  to  \'r.  I'inrkncy,  ministtr  :it 
London,  ilxtcil  I  lib  of  June,  1702. 

t  Set- llie  Irller  of  Mr.  J tfttrson,  secretary  of  itnte,  to  Mr.  I'incknLV,  inini.sicr  at 
L*tnilon,(iHte(l  llie  12lh  of  Octolur,  I"9'2. 

i;  See  llie  letter  from  ihi;  Siinie  10  the  snme,  d  ted  tlie  filli  of  Nov.  \702. 

§  See  the  letter  from  Mr.  I  iiickncy,  miiiister  at  London,  In  the  secrclarv  of  sl.Tle,  da- 
ted L-Jth  Marcli,  1793 

II  See  the  note  of  Mr.  Jhv,  envoy  extrnordinary,  to  lord  Gieiiville,  diitcd  the  ;>Oi|i 
July.  1794 

•[  See  tlie  letter  of  Mr.  King,  minisl<>r  at  London,  to  the  sccietury  rf  sl.ite,  dHttd  the 
13th..f  April.  (797. 

••  See  llie  Idler  from  Mr.  Piekering,  sccrctarj'  of  state,  to  Mr.  King,  nilBieterjil  Lon- 
don, date<!tl>e  lOlti  Septcnibfr,  l7Pf). 


*l 


6 


«iipr«liaii(1i7.e  oFSuciIi'm,  Dnnes  and  I'orhif^urite,  n*  aic/p  niiil  ilclaiii  in  (lip|r 
Hfi'vice,  (lie  Hiiltj.-cliH  of  (liitHc  imlitiim  rmirid  on  liotinl  Anicriran  vphhcIh  } 
mill  tliiit  (hf  iiicHiili'Ml  wttrt  exlroniuly  niixiuiis  (u  have  thin  liiuiiicMH  uf 
im|insHing  pliici'd  on  u  rfiisoniihle  Tooling.*'*  And  tlicy  weru  told.'Mhut 
thfc  iniprcHMnionI  of  Anierii'tin  sciimiMi  \\m  iin  injnry  of  very  HcrionH  nln^- 
uitude,  wliioli  deeply  uifeeted  tlic  feeliniu;<t  and  littnor  of  (lie  nation  ;  that  tiu 
right  had  heen  uMserletl  to  iniprtHH  the  iialiveH  of  America  ;  yet  that  (hey 
uere  inipreHsed  ;  they  were  dra^^ed  on  hoard  Krilish  Hhi|iM  of  war,  witii 
the  cviilence  of  eilizinnhip  in  their  hainh,  and  forced  hy  violence  there  to 
Aerve.  luitii  eonelunive  teHtiinoniaJH  of  (heir  liirdi  conid  he  ohiained;  that 
many  mnst  peri»h  unrelieved,  and  all  were  detained  a  eonxid-'rahle  time 
in  iawle^N  and  injiitioUH  eontinemetit  ;  that  the  contiiuinnec  of  the  practice 
miiHt  inevitalily  produce  discord  hetMecn  tuo  nations,  which  ont^ht  to  he 
the  frienils  of  eueli  other  ;  and  that  it  was  more  advisable  tu  desist  from, 
and  to  take  erteclnal  meaHiires  to  prevent  an  aeknow  led^ed  wronj*.  than  by 
pei'Neverance  in  that  wronu;,  to  excite  against  themselveti  the  well-founded 
reseutmeiilM  uf  America,  and  force  the  government  into  measures;  which 
may  very  possibly  terminate  in  an  open  rupture. '"f 

SroH  were  llie  feelings  and  the  sentiments  of  the  American  govern- 
ment, under  every  change  of  its  administration,  in  relation  to  the  British 
practice  of  impressment ;  and  such  the  remonstrances  addressed  to  the 
justice  of  (ileal  Britain.  It  is  obvious,  therefore,  that  this  cause,  inde« 
pendent  of  every  other,  has  been  uniformly  deemed  a  just  and  certain 
cause  of  war;  yet  the  cliaracleristic  policy  of  the  United  states  still  pre« 
vailed;  renionstnince  was  only  succeeded  by  negociation ;  and  every  as- 
sertion of  American  rights,  was  accompanied  with  an  overture,  to  secure 
in  any  practicable  form,  the  rightii  <»f  (ireat  Britain.^  Time  seemed,  how- 
ever, to  render  it  more  and  more  diOicult  to  ascertain  and  fix  the  stand- 
ard of  British  rights,  according  to  the  succession  of  the  British  claims. 
The  ris^ht  of  entering  and  searching  an  American  merchant  ship,  for  tii© 
purpose  of  impressment,  was,  for  a  while,  confined  to  the  case  of  British 
/rieserlars  ;  and  even  so  late  as  the  month  of  February,  1800,  the  minister 
(if  hi^  Brit!;nni*  majesty,  tliin  at  Philadelphia,  urged  the  American  gov- 
ernment, "to  take  into  consideration,  as  the  only  means  of  drying  up 
every  source  of  complaint,  and  irritation,  upon  that  head,  a  proposal 
which  he  had  made  t«o  years  Ic/fore,  in  the  name  of  his  Majesty's  gov- 
<»rnment,  for  the  reciprocal  rest  liition  of  deserters."^  But  this  project 
nf  a  treaty  wii£  (hen  deemed  inadmissible,  by  the  president  of  the  United 
Stntes,  and  tiie  chief  oHicers  of  the  executive  departments  of  the  govern- 
ment, whom  lie  eonsiille<l  for  (he  same  reason,  speciiically,  which,  at  a 
subsequent  period,  induced  the  president  of  the  United  States,  to  with- 
hold his  approbation  from  the  treaty  negociated  by  the  American  minis- 
ters ist  L(»iir|nn.  in  the  year  180fi  ;  namely  ;  "  that  it  did  not  sufficiently 
provide  against  the  impressment  of  American  seamen  ;"||  and  "that  it  is 
netd-r  (<»  liavp  no  article,  and  to  meet  the  consequences,  than  not  to  enii- 
inc.'tite  merchant  vessels  on  the  high  seas,  among  the  things  not  to  be 
forcibly  entered  in  search  of  deserters."!    But  the  British  claim,  expand- 

*  ^vr  ihc   Irtter  tVnm  ihp  Siiini;  lo  t!ic  snme,  ilatcil  tlie  25tli  of  October,  1796. 

t  hei-  tlie  U'Ui-v  from  Mr  Miiisilril.  sccr^Uirv  ofstatf  [now  ch'rf  justice  of  the  United 
Rlut  R  3  '"  ■^'''   '■■'"K'  •"i"i''tiT  »t  London,  clHted  the  '2(Hlt  September,  1800. 

^  Sec  unrticiilnrlv,  ^M•.  l\iii);"s  propositions  to  lord  (irenville,  and  Inril  llawkesbiirv, 
nt  tl.c  ir^ili  Ml  xpr.i,  179".  (It  LTihof  March,  1799, the  '25tli  of  I'eb  1801,  and  July  1813. 

§  .^ce  Vr.  I.isloii's  hole  to  Mr  Pickering,  tlie  secretary  of  state,  dated  the  4th  of 
fVI»ru;iiv.  IS'.iO 

ji  Spf  tlie  opinion  of  VIr.  Pickering,  secretary  of  s'ate,  enclosin(»  a  plan  of  f»  treaty, 
ilHtt'd  Hii'  Si\  ol  Mhv,  ISOO,  and  the  opinion  of  Mr.  Wolcotf,  sscretary  of  the  treasury, 
fint.il  the  UthofApiil,  1800.  ■» 

•T  Sff  li.e  opinion  of  Mr.  Stoddert,  secretary  of  the  navy,  dated  the  23d  of  April, 
lR(iO,  mid  tiie  opinion  of  Air.  Lee,  aUorpey  general,  dated  the  26th  of  February,  and  the 
.^Oihof  .Aiiiil,  1800; 


jng  Mitli 
American 
Brilish  se 
filially,  in 
who  cuuh 
hihites. 

Whii-h 
ating,  the 
appeared 
any  positi 
nicntary  i 
maritime 
the  urt'sp 
operative 
stances,  ii 
tion  of  III 

Foil  th 
had  felt  at 
a  diversit; 
fitiguted  I 
with  the  ) 
eiples  of  I 
upon  the 
Kus.sias ; 
corporatei 
tyof  179J 
tial  polic] 
ment  of  tj 
of  the  lav 
eimseqiier 
her  enem 
It  was,  ai 
proper  ca 
an  enemy 
goods  or  I 
the  mili'i 
right  of  1 
doubtful  ( 
furthers 
can  vesse 
naval  for 
ed  to  sail 
enjoymeii 
the  Amei 

But,  i 
Dnt  to  be 
of  war,  f( 
his  enem 
between  I 
8ubjee(  w 
ef  time,  i 
dissolve, 
ods,  and 
that  the 
biy  enter 
thes*  pri 

•  Scetl 
and  the  ni 
America  tt 


f 


iiig  with  sii^ular  cliiHticity,  was  itoitn  foiintl  (o  inrlii<Ie  h  ri^lii  to  vnivr 
Ainericui)  vi'shoIh  un  tlic  lii^li  mciih,  in  oniiT  to  Moarcli  for,  and  Hi<i/e  all 
Hriliftli  si'aiiu'n  :  it  next  eint(rac(>ii  the  casi'  ofeytTy  lliitinli  ■.iiliji-ct  ;  ami 
tiiially,  in  iH  praclictrl  (Mit'orci'iiicnl,  il  liaH  Iku'ii  I'Meiiilcil  to  i-vcrv  tiiarincr, 
\v\ui  cuiilJ  not  prove  upon  the  spot,  that  hu  \va:4  a  citi/.eii  of  the  Unileil 
i^ilalcs. 

While  tlie  nature  oi*  the  British  chiiui  wan  ihuH  anilii^iinux  and  fluctn- 
ntint;,  tho  princi[ilc  to  which  it  was  n'iVrriMl.  lor  just  ificiition  ami  Huppnrt, 
appeared  to  he,  at  unee,  arbitrary  and  illusory.  It  wns  not  recorded  in 
auy  positive  code  of  the  law  of  nations;  it  \' as  not  displayed  in  the  ele- 
nientary  works  of  the  civilian  :  nor  had  it  ever  heen  exeinpliliiMl  in  the 
maritime  usa^res  of  any  other  eonntry,  in  any  tither  u;;i>.  In  Iruth,  il  was 
the  uH'sprin:;  ot*  the  mnnieipul  law  of  (ireat  Britain  alone  ;  equally 
operative  in  a  lime  of  peace,  and  in  a  time  of  war  ;  und  under  all  circum- 
stances, inflietin*'  a  cuersive  juritidictiuu,  upon  the  conmieree  and  naviga- 
tion of  the  world. 

FoK  the  leu;ilinmte  ri^htft  of  the  hellit^erent  powers,  the  United  Slater 
had  felt  and  evinced  a  sincere  and  open  respect.  Althoui;li  they  had  marked 
a  diversity  of  doctrine  amuns;  the  most  celebrated  Jurists,  upon  many  of  the 
fiti^sited  points  of  (lie  law  of  war  :  ulthonqh  they  had  formerly  espoused, 
with  the  example  of  the  most  powerful  government  of  Kurope,  the  prin- 
ciples of  thf  armed  neutrality,  which  were  eslaldished  in  the  year  1780, 
upon  the  basis  of  the  mem'^mhlc  declaration  of  the  empresi)  of  all  (he 
Uussias;  and  althnuqli  the  principles  of  that  declaration  have  been  in- 
corporate<l  into  all  their  public  treaties,  except  in  the  instance  of  the  trea- 
ty of  179+  ;  yet,  the  United  Stales,  still  faithful  to  the  pacific  and  impar- 
tial policy  which  they  professed,  did  not  hesitate,  even  at  the  commence- 
ment of  the  French  revolutionary  war,  to  accept  and  allow  the  exposition 
of  ihe  law  of  nations  as  it  was  then  maintained  by  Great  Britain  ;  and. 
consequently,  to  admit,  upon  a  much  contested  point,  that  the  property  ot* 
her  enemy,  in  their  vessels,  mii;ht  be  lawfully  captured  as  prize  of  war.* 
It  was,  also,  freely  admitted,  that  a  helli{»erent  power  had  a  ri£;ht,  with 
proper  cautions,  to  enter  and  search  American  vessels,  for  the  goods  of 
an  enemy,  and  for  articles  contraband  of  war  ;  that,  if  upon  a  search  such 
goods  or  articles  were  found,  or  if,  in  the  course  of  the  search,  persons  in 
the  military  service  of  the  enemy  wen*  discovered,  a  belligerent  had  a 
right  of  transhipment  and  removal  :  that  a  belligerent  had  a  right,  in 
doubtful  cases,  to  carry  American  vessels  to  a  convenient  station,  for 
further  examination  ;  and  that  a  belligerent  had  a  right  to  exclude  Ameri- 
can vessels  from  ports  and  places,  under  the  blockade  of  an  adequate 
iiaval  force.  These  rights  the  law  of  nations  might  reasnnal)lv,  he  deem- 
ed to  sanction  ;  nor  has  a  fair  exercise  of  the  powers  necessary  for  the 
enjoyment  of  these  rights,  been,  at  any  time,  controverted,  or  opp'ised,  by 
the  American  government. 

But,  it  must  be  again  remarked,  that  the  claim  of  Great  Britain  was 
wot  to  be  satisfied  bv  the  moht  ample  and  explicit  recognition  of  the  law 
of  war,  for  the  law  of  war  treats  only  of  the  relations  of  a  belligerent  tu 
his  enemy,  while  the  claim  of  Great  Britain  embraced,  also,  the  relations 
between  a  sovereign  and  his  subjects.  It  was  said,  that  every  British 
subject  was  hound  by  a  tie  of  allegiance  to  his  sovereisn,  which  no  lapse 
ef  time,  no  change  of  place,  no  exigency  of  life,  could  possibly  weaken,  or 
dissolve.  It  was  said,  that  the  British  sovereign  was  entitled  at  all  peri- 
ods, and  on  all  occasions,  to  the  services  of  his  subjects.  And  il  was  said, 
that  the  British  vessels  of  war  on  the  high  seas,  might  lawfully  and  forci- 
bly enter  the  merchant  vessels  of  every  other  nation  (for  the  theory  of 
these  pretensions  is  uot  limited  to  the  ease  of  the  United  States,  although 

•  See  the  ;. orrespond  nee  o*'tl)e  year  179'i,,  ))etween  Mr  Ti-fTf  r<ion,  secretary  of  state, 
and  the  ministers  of  (inat  Britain  and  Fninoe.  See  alsrMr  J' fTersoii's  letter  to  tho 
American  iniDistcr  at  farii,  of  the  tanae  year,  reqnestinjj;  the  recall  of  Mr.  Genet. 


t 


4liiil  riHu  tiiH  liin'ii,  iiiiiiitHt  exclusively,  tinVcliMJ  Itv  tln'ii'  pr.icllcal  opern* 
tmii)  fir  tli(>  |iiir|iiii*«'  iit'  liiHcuvi  riiii^  niitl  iiM|tn'<«<(iii:{  Hriii-ii  Muiij.-cK.* 
Tlie  niiitfil  S|iiii>4  {ir(>miiiii>  iittt  to  ilitciisH  tlic  Ioi'iim.  or  t>ii'  |iriiici|ilf4,  of 
llie  i^ovLTiiriinitit  t'AlalilMii'il  in  oilier  coiiii(rii><4.  Koj<i>i  ij;  tlic  rii{lil  iitnl 
t'lU  l>ll'Hltill^  nt'fiL'lt' i^  ivcriiiiifof,  tln'v  leave,  irit;ilifilly,  I'l  fvur y  loreiijii 
iiiitioii,  llie  elioice  ol' its  <«iM-i  il  untl  |ioliiieiil  iiinliliilioiiit.  Hit,  wlnitever 
ni<iy  III*  llii!  foroi,  or  tlit^  prineipli-,  of  t^ovcriiiiii-nl,  il  ii  an  iiiiiv<-i-Hul  iixiom 
lit' |Mli)lic  Ittw,  aiiiiiii^  <4(iviMTi'4ii  aiKJ  itiile|ieii<leiit  stiiles,  [\\n\  i-veiy  iiiilioll 
i*  liiMiiitl  <Mt  lo  ime  aod  enjoy  ilH  o«vii  rights,  a<4  not  lo  injure,  or  <le<tlroy, 
III:'  ri^liU  oraiiy  oilier  nation.  Huy  tlini,  lliiit  llie  lie  of  alle<;i)iiiueeaiinot 
III'  H"V('re(l,  or  n-l  ixetj,  an  rem»pelH  llie  Hoverei;?n  and  I  lie  «Mlijeel  ;  and  say, 
lliiil  (In;  sriv<-rt'i.^:i  is.  ivt  all  limes,  eiililled  to  llie  nervieen  of  llie  sniijecl: 
•till,  lliere  in  iiDtiilt^  gained  in  mipporl  of  llic  Hrilisli  claim,  iiiilesH  il  eaii, 
nN),  lie  s.'iid,  lli:ii  tin*  Itritisli  novereit^n  lii\s  a  ri:;lit  lo  seek  and  seize  liin 
unliject,  wtiili'  nctnally  williiii  the  doiniiiiuii,  ur  utidor  tlie  !t|ieciul  protee- 
lion,  of  anollier  sovereii^n  <*lale. 

'I'll  IS  will  mil.  surely,  lie  denoininaled  a  propcsn  ofllio  law  of  nations, 
fir  tlie  |iiir|io.s.>  of  enforcing  liie  rii^liU  of  war  :  and  if  il  shall  he  loleriiluil 
an  ti  (iroccss  of  the  miiiiiei|ial  law  of<freat  Uritain,  for  the  jiiirpose  of  eii- 
firein:^  the  li^'il  of  llie  sovereign  to  tho  service  of  his  siihjeels,  there  is  no 
princijile  ofdis.'riniiiialiofi,  which  enn  prevcHl  its  h:'iiii;  employed  in  peace, 
or  in  war,  with  all  Ihe  atteiidanl  ahuHCS  of  force  and  fraud,  to  jnslifv  the 
Hei/.iiru  of  Mrilish  siihjecls  for  crimes,  orfordehts:  and  the  seizure  of 
Urilish  property,  for  any  ca'isc  that  shall  he  iirliilrarily  assiiriicd.  The 
introduction  of  these  <li"*radiii^  novelties,  into  the  marl i me  code  uf  nations, 
it  has  heen  the  arduous  task  of  the  American  t^overnnit-nt,  in  the  onset,  to 
oppos'? ;  ai«  •'  il  rests  with  all  other  governments  lo  decide,  how  far  their 
honor  and  their  interests  must  he  eventually  implicated,  by  a  tacit  aerpii- 
t'scence,  in  the  siiCi'i-sMve  iHurpiitions  oftheDrilish  fln.^.  If  the  ris^ht 
claimed  hy  (ireitt  Hritain  he.  inileed,  common  to  all  goveriiinents,  the 
ocean  will  cxhiliit,  in  aihlilion  to  its  manv  other  perils,  a  scene  of  cver- 
lastin:^  strife  and  eoiiteiilion  •  hut  what  oilier  ^overnmtmi  has  everclaimeil 
or  e\eri'isi;i|  the  ri^lit  ?  If  the  ri^ht  shall  be  exclusively  established  as  a 
trophy  of  llie,  naval  superiority  of  Ijreat  Britain,  the  ocean,  which  has 
been  sometimes  emphatieally  denominated,  "the  hiu*hway  of  nalinns," 
will  be  ideiililied,  in  oceiipancy  and  use,  with  the  dominiuiis  of  the  Hrit< 
ish  crown:  and  every  other  nation  must  enjoy  the  liberty  of  passa,v;e,  upon 
the  jiayiiieni  of  a  tribute  (»r  the  iiidu^^enee  of  a  license:  but  v\hal  nation 
is  prepared  fur  this  sacriiiee  of  its  honor  anil  its  interests  ?  And  if.  after 
all,  the  ri^ht  be  now  asserted  (as  experience  too  plainly  indicates)  fir  the 
purpose  of  iinjiosini;  ii|>on  the  Ignited  States,  to  accommodate  the  i>ritish 
inarilime  policy,  a  new  and  odious  limitation  of  Iho  sovereit^nly  dtid  inde- 
pendence, wliifh  were  aetpiired  liy  the  glorious  revolution  of  iTTft,  it  is 
not  for  llie  \;ncrican  i^overiimeiil  to  cttleulate  the  duration  of  a  «ar,  that 
shall  be  wa.;('d,  in  resistance  of  the  active  attempts  ofGreat  Britain,  to 
accomplish  her  project :  for,  wliere  is  the  American  citixrn  who  would 
toli.'iMle  a  day's  subm  ission  to  the  vassalat^e  of  such  n  condition  } 

Bur  (he  'VnjiTican  i^iveniment  litis  seen,  with  some  snrprizi',  the  £;loss, 
which  Ihe  Prince  Rei^cnl  of  fireat  Britain,  in  his  d"claration  of  the  lOtli 
of  daniury.  1S|;{,  has  condesceudod  to  bestow  upon  the  British  claim  of  a 
r'vj;U{  lo  impress  men.  on  board  of  the  merchant  vessels  of  other  nationn; 
and  the  retor%  which  he  has  ventured  to  make  upon  the  conduct  of  the 
United  States,  relative  lo  ihfl  eoiilroverlcd  doetr'ncs  of  expatriation.  The 
Anmriean  (iovernmenl,  like  every  other  civilized  novernmeiit,  avows  the 
principle  and  indulges  the  practice  of  naturalizine;  foreigners.  In  Great 
Britain,  and  thron^hont  the  continent  of  Kurope,  the  laws  and  regulations 
upon  the  subject,  are  not  materially  dissimilar,  when  compared  with  the 


See  the  Biilish  declaration  of  tho  10th  of  January,  1813. 


liij.'rl*.^ 
|>l(f<t,   (if 

i<lll      Utlli 

ioi'i'it^ii 
Imtevi'r 
I  iixidin 
'  iiiitioii 
ilfsiro)', 
eciuinot 
uidI  siiiy, 

iilijpfi : 

»H  il  »*aii, 

t'i/(?  IiIh 


lawn  iin«1  r«'^iitn(ii>n^  oflhi?  ITnittMl  Slufei.  Tlio  effvei.  Iiowrvor,  ul'iiiicU 
iiHlurali/.tilinii.  ii|iiiri  llie  CDiiiicxioii,  whicli  |iri-vioiiKi>  HiiltHiilod  Ik-Iwi-cii 
till*  niiliiriili/.ct)  |ifr«iiii,  uiid  (lie  (^oviTiiiiiciit  oi'tlti-  cninitrv  of  IiIh  Itirth, 
hiiM  li't'it  ilitti-rL'iillv  i'(iiiiti«lcri>il,  ul  (litlViciit  tiiiu"*,  and  in  ilin'cn-iil  |il;ic-cii. 
•Sliil,  lliLTu  nru  muny  reitiiei'tx,  in  whicli  ii  diviTHit)  of  oitinion  iltxs  not 
uxiHl,  iinil  ciuinot  urine.  It  im  iit;rei<il,  on  nil  lmn(l>t,  than  nti  url  of  nalnr- 
nli/iilion  ih  not  a  vinliitioii  nf'llie  liiu  ul' niilioiu  ;  and  tlial,  in  iiiirlirnlur 
it  is  not  ill  itMeli'aii  oHoni'ir  Uj^uiinit  llio  i^ovi'rnnr.Mit,  \vlio«ie  nnltject  ia  nat- 
urali/.c'd.  It  in  ui^ri-ed,  that  tin  act  of  iialurali/.atiun  i-reuteii  between  tfie 
|iar(icH  the  reciproeul  ohlit^iilions  of  alici/^iancu  and  prittcclion.  It  \* 
agreed,  that  while  a  naturalized  citizen  eontinueH  within  the  teriitory  and 
jnrindielion  of  his  adoptive  i^overiimeiit,  he  eaiinot  lie  |Mii'Hned,  or  xeixed, 
ur  rextraiiied,  by  hiii  loriner  Hovcrei^n.  It  iti  ai^reed,  that  a  nalnrali/.ed 
citi/en,  whatever  may  bu  thoni;ht  of  the  elainn  of  the  sovereii^n  of  hi» 
native  eoiintry,  eaiinot  lawfully  be  withdrawn  from  the  oblii^ations  of  his 
contract  ofnatiirali/ation,  by  ihr  force  or  the  aednetion  of  a  third  power. 
And  it  it  agreed,  that  no  aovcrei^n  ean  lawfully  interfere,  to  take  from 
the  Herviee,  or  the  employment  of  another  ftoverei^n,  peraonH  who  are  not 
the  MiibJectH  of  either  of  the  soverei^nH  eni^a^ed  in  the  transaetiuii.  Heynnd 
the  principles  of  these  aecorded  proiioMitions,  what  have  the  United  Mtatcs 
done  to  justify  tlie  imputation  of  "harboring  UritiNh  neuinen,  and  of  exer- 
cizing an  ansumed  right,  to  Iranofer  tiie  allegiance  of  nrili<<h  Miibjeeta  ?''* 
The  United  Htatex  have,  indeed,  iuftinled  upon  the  right  of  navigating  the 
ocean  in  peace  and  safety,  protecting  all  that  in  covered  by  their  flag,  as 
on  a  place  of  equal  and  common  juritidietion  to  all  nations;  save  where 
the  law  of  war  interposes  the  exceptions  of  visitation,  search  and  capture: 
but,  in  doing  this,  they  tiave  done  no  wrong.  The  United  States,  in  per- 
fect tfonsisteney,  il  is  believed,  with  the  practice  of  all  belligerent  nations, 
not  even  excepting  Great  Itrilivin  herseil.  have,  indeed,  annonneed  a  de- 
termination, since  the  ileelaration  of  hostilities,  to  atVord  protection,  as 
well  to  the  naturalized,  as  to  tlic  native  citizen,  who,  giving  the  strongest 
proofs  uf  tideiity,  should  be  taken  in  arms  by  the  enemy  ;  and  the  British 
cabinet  well  know  that  this  determination  could  have  no  innnencc  upon 
those  councils  of  their  sovereign,  which  preceded  and  produced  the  war. 
It  was  not,  then,  to  'Miarbur  British  seamen, '  nor  to  'transfer  the  alle- 
giance of  British  subjects;"  nor  to  "cancel  the  Jurisdiction  tif  their  legit- 
imate sovereign ;"  nor  to  vindicate  "the  pretension  the.t  acts  of  naturali- 
zation, and  certificates  of  citizenship,  were  as  valid  out  of  their  own 
territory  as  within  it  ;"t  •I'lit  the  United  States  have  asserted  the  honoC 
and  the  privilege  of  their  flag,  by  the  force  of  reason  and  of  arms.  But 
it  was  to  resist  a  systematic  seliemc  of  maritime  aggrandizement,  which 
prescribing  to  every  other  nation  the  limits  of  a  territorial  boundary, 
claimed  for  (Jreat  Britain  the  exclusive  dominion  of  the  8<'as;  and  which, 
spurning  the  settled  principles  of  the  law  of  war,  condemned  the  ships  and 
mariners  of  the  United  States,  to  suffer,  upon  the  high  seas,  and  virtually 
within  the  jurisdiction  of  their  Hag,  the  must  rigorous  dispensations  of  the 
British  municipal  code,  intiicted  by  the  coarse  and  licentious  hand  of  a 
British  press-gang. 

Thk  injustice  of  the  British  claim  and  (he  cruelty  of  the  British  prac- 
tice, have  tested,  for  a  series  of  years,  the  pride  and  the  patience  of  the 
American  government ;  but,  still,  every  experiment  was  anxiously  made, 
to  avoid  the  last  resort  of  nations.  The  claim  of  (ircat  Britain,  in  its 
theory,  was  limited  to  the  right  of  seeking  and  impressing  its  own  subjects, 
on  board  of  the  merchant  vessels  of  the  Uniti-I  States,  although  in  fatal 
experience,  it  has  been  extended  (as  already  appears)  to  the  seizure  of 
the  subjects  of  every  other  power,  sailing  under  a  voluntary  contract  with 


•  See  the  Ri'ltish  declaration  olthe  lOth  Junuarv,  t813. 

t  See  these  passages  iu  the  British  declaratiuu  of  the  10th  of  January,  1819. 


iO 

(he  American  merchant:  to  the  seizure  of  the  natnrali/ed  citizens  of  the 
United  States,  sailing,  also,  under  voluntary  contracts,  which  every  for- 
eigner, independent  uf  any  act  of  naturalization,  is  at  liberty  to  form  in 
every  country  ;  and  even  to  the  seizure  of  the  native  citizens  of  the  Unit- 
ed States,  sailing  on  board  the  ships  of  their  own  nation,  in  the  prosecu- 
tion of  a  lawful  commerce.  The  excuse  for  what  has  been  unfeelingly 
termed,  ''partial  mistakes,  and  occasional  abuse,''*  when  the  right  of 
impressmetil  was  practised  towards  vessels  of  the  United  ;^tates,^  is,  in 
the  words  of  the  Prince  Regent's  declaration,  "a  similarity  of  language 
and  maaners;"  but,  was  it  not  kno\tn,  when  this  exi'use  was  offered  to 
the  world,  that  the  Russian,  the  Hwede,  the  Dane,  and  the  German  ;  that 
the  Frenchman,  the  Spaniard,  and  the  Portuguese  ;  nay,  that  the  African 
and  the  Asiatic;  between  whom  and  the  people  of  Great  Britain  there 
exists  no  similarity  of  language,  manner'i  or  complexion ;  had  been, 
equally  with  the  American  citizen  and  the  British  subjt^ct,  the  victims  of 
the  impress  tyranny  rt  If,  however,  the  excuse  be  sinct-re,  if  the  real 
object  of  the  impressment  be  merely  to  secure  to  Great  Britain,  the  naval 
services  of  her  own  subjects,  and  not  to  man  her  fleets,  in  every  pnictica* 
hie  mode  of  enlistment,  by  right,  or  by  wrong;  and  if  a  just  and  generous 
government,  professing  mutual  friendship  and  respect,  may  be  presunic'd 
to  prctVr  the  accomplishment  even  of  a  legitimate  purpose,  by  means  the 
lea»t  afflicting  and  injurious  to  others,  why  have  the  overtures  of  the 
United  States,  offering  other  means  as  effectual  as  impressment,  for   t  he 

Eurpose  avowed,  to  the  consideration  and  acceptance  of  Great  Britain, 
een  forever  eluded  or  rejected?  It  has  been  offered,  that  the  number  of 
men  to  be  protected  by  an  American  vessel,  should  be  limited  by  her  ton- 
age ;  that  British  officers  should  be  permitted,  in  British  ports,  to  enter 
the  vessel,  in  order  to  ascertain  the  number  of  men  on  board;  and  tliat, 
in  case  of  an  addition  to  her  crew,  the  British  subjects  enlisted  should  be 
liable  to  impressment.t  It  was  offered  in  the  solemn  form  of  a  law,  that 
American  seamen  should  be  registered:  that  thpy  shcnild  be  provided 
with  certificates  of  eitizenship,§  and  that  the  roll  of  the  crew  of  every 
vessel  should  be  formally  authenticated.:^  It  was  offered,  that  no  refuge 
or  protection  should  be  given  to  deserters  :  but.  that,  on  the  contrary,  they 
»hould  be  surrendered. ||  It  was  ''again  and  again  offered  to  concur  in  a 
convention,  which  it  was  thought  practicable  to  be  formed,  and  which 
shouMsettle.the  questions  of  impressment,  in  a  manner  that  would  be  safe 
for  England,  and  satisfactory  to  the  Utiifed  8tates.ir  1*  whs  offered^  that 
each  party  should  prohibit  its  citizens  or  subjects  fnim  ctandestiitely  con- 
cealing or  carrying  away,  from  the  territories  or  colonies  of  the  other, 
any  seamtMi  belonging  to  the  other  party.**  And.  conclusively,  it  ha^  been 
offered  and  declarv<l  by  law,  that  "after  the  termination  of  the  present 
war,  it  should  not  be  lawful  to  employ  on  board  of  any  of  the  public  or 
private  vessels  of  the  United  Slates,  any  persons  except  citizens  of  the 
United  States;  and  that  no  foreigner  shoMH  he  admitted  to  become  a  citi- 
zen hereafter,  who  had  not  for  the  continued  term  of  five  years,  resided 

•  Seethe  British  deelara'ion  of  the  10th  of  January,  1813. 

t  See  the  letter  of  Mr  PickeiMig,  secretary  of  stat«,  to  Mr.  Kinfj,  minister  at  London, 
of  the  26th  of  Oot  tber,  1790  j  and  the  letter  of  Mr.  MtrshaH,  secretary  of  state,  to  Mr. 
Iving,  of  the  20ih  Seplember,  1800, 

+  See  thelet  er  ol  .Mr  .leffcrion,  Secretary  of  State,  to  IVIr  Pinckney,  minister  at 
London,  dated  the  llth  of  Jun«,  I79!2,and  the  letter  of  Mr  Pickering,  Secretary  of  state 
to  Mr.  King,  minist"r  «l  London,  d;<icd  the  8ih  of  June,  1798 

■S  See  tht  Act  ot  Congress,  patkert  the  28(»i  of  Vlay,  1796. 

t  Sec  the  letter  of  Mr  Pickering,  Secretary  of  State  to  Mr.  King,  minister  at  Lon- 
don, (lattfl  tlu'  8th  iif  JuiiC;  1796 

fl  See  the  project  of  a  tre:ity  o;i  the  suhir  ct,  beiwetn  Mr  Pickerins:,  seeretaiy  of  state, 
and  Wr.  Liston,  l!ie  British  minister  at  Piiiladelphia,  in  the  year  1800. 

If  .lee  the  letter  of  Mr.  King,  minister  at  London,  to  the  secretary  of  state,  dated  the 
J.-^iIi  of  M.'.ioh,  1799. 

'•  Sec  liie  letter  of  iMr,  King,  to  the  secrctaiy  of  state,  dated  in  July,  1803. 


it 


ens  of  the 
J very  for- 
furm    in 
the  Ujiit- 
prosecii' 
nfeeiingly 
;  right  of 
is.)  is,    in 
language 
offered  to 
mn ;  that 
e  African 
a  in  there 
ad  been, 
(victims  of 
f ihe  real 
the  naval 
pntctica- 
genernng 
presuDic'd 
leans  Ihe 
es   of  the 
for   the 
Britain, 
iiiinher  of 
Y  her  ton- 
to  enter 
and  tliaty 
should  be 
law,  that 
provided 
'  of  every 
no  refuge 
ary,  they 
ncur  in  a 
id   which 
Id  be  n&fo 
Ti'dy  that 
i>elv  con- 
\e  other, 
ha»  been 
e  present 
>ublic  or 
IS  of  the 
ne  a  citi- 
i,  resided 


It  Londoo, 
e,  to  Mr. 

ninister  at 
ry  of  state 


er  af  Lon- 
y  of  state, 
dated  the 


tvithin  the  tJnited  States,  without  bnng,  at  any  time,  during  the  five 
years,  out  of  the  territory  of  the  United  Slates."* 

It  is  manifu&t  then,  that  such  provision  might  be  made  by  law;  and 
that  such  provision  has  been  repeatedly  and  urgently-proposed ;  as  would, 
in  all  future  times,  exclude  from  the  maritime  service  of  the  United  States 
holh  in  public  and  in  private  vessels,  every  person  who  eculd  possibly  be 
claimed  by  Great  Britain,  as  a  native  subject,  whether  he  had,  or  had  not 
been  naturalized  in  Ameriea.f  Enforced  by  the  same  saiictions  and  se- 
curities, which  are  employed  to  enforce  the  peual  code  of  Great  Britain, 
«B  well  as  the  penal  code  of  the  United  States,  the  provision  would  affVtrd 
the  strongest  evidence,  that  no  British  subject  could  be  found  in  service 
on  board  of  an  American  vessel;  and,  consequently,  whatever  might  be 
the  British  right  of  impressment,  in  the  abstract,  there  would  rcmMin  no 
justifiable  motive,  tliere  could  hardly  be  invented  a  plausible  pre.eit,  to 
exercise  it,  at  the  expense  of  the  American  right  of  lawful  commerce.  If, 
too,  as  it  has  sometimes  been  insinuated,  there  would,  nevcrtht*  ess,  be 
room  for  frauds  and  evasions,  it  is  sufficient  to  observe,  that  the  Anieri- 
ean  government  would  always  be  ready  to  hBar,  and  to  redress,  every  just 
complaint:  or,  if  redress  were  sought  and  refused,  (a  preiiminary  eoHrae, 
that  ought  never  to  have  been  omitted,  but  which  Great  Britain  has  never 
pursued.)  it  would  still  be  in  the  power  of  the  British  government  to  resort 
to  its  own  force,  by  acts  equivalt$nt  to  war,  for  the  reparation  of  its 
wrongs.  But  Great  Britain  has,  unhappily,  perceived  in  the  acceptance 
of  the  overtures  of  the  American  government,  consequences  injurions  to 
her  maritime  policy ;  and,  therefore,  withholds  it,  at  the  expense  of  her 
justice.  She  perceives,  perhaps,  a  loss  of  the  American  nursery  for  her 
seamen,  while  she  is  at  peace ;  a  loss  of  the  service  of  American  crews, 
while  siic  is  at  war;  and  a  loss  of  many  of  those  opportunities,  which 
have  enabled  her  to  enrich  her  navy,  by  the  spoils  of  the  American  enra- 
nierce,  without  exposing  her  own  commerce  to  the  risk  of  retaliation  or 
reprisals. 

Thus,  were  the  United  States,  in  a  season  of  reputed  peace,  involved 
in  the  evils  of  a  state  of  war ;  and  thus  was  the  American  flag  annoyed 
by  a  nation  still  professing  to  cherish  the  sentiments  of  mutual  friendship 
and  respect,  which  had  been  recently  vouched,  by  the  faith  of  a  solemn 
treaty.  But  the  American  government  even  yet  abstained  from  vindicat- 
ing its  rights,  and  from  avenging  its  wrongs,  by  an  appeal  to  arms.  It 
was  not  an  insensibility  to  those  wrongs ;  nor  a  dread  of  British  power ; 
nor  a  subserviency  to  British  interests,  that  prevailed,  at  that  period,  in 
the  councils  of  the  United  States  ;  but,  under  all  trials,  the  American 
government  abstained  from  the  appeal  to  arms  then^  as  it  has,  repeatedly 
since  done,  in  its  collisions  with  France,  as  well  as  with  Great  Britain, 
from  the  purest  love  of  peace,  while  peace  could  be  rendered  compatible 
with  the  honor  and  independence  of  the  nation. 

During  the  period,  which  has  hitherto  been  more  particularly  contem- 
plated (from  the  declaration  of  hostilities  between  Great  Britain  and 
France  in  the  year  1792,  until  the  short-lived  pacification  of  the  treaty  of 
Amiens  in  1802)  there  were  not  wanting  occasions,  to  test  the  consistency 
and  the  impartiality  of  the  American  government,  by  a  comparison  of  its 
conduct  towards  Great  Britain,  with  its  conduct  towards  other  nations. 
The  manifestations  of  the  extreme  jealousy  of  the  French  government, 
and  of  the  intemperate  zeal  of  its  ministers  near  the  United  States,  were 
(to-cvnl  with  the  proclamation  of  neutrality  ;  but  After  the  ratification  of 
the  treaty  of  London,  the  scene  of  violence,  spoliation,  and  contumely, 

*  See  the  \ct  of  Congress,  passed  on  the  !i<\  of  March,  1813 

\  Sec  the  letter  of  instructions  from  Mr  Monroe,  secretary  of  state,  to  the  plenipoten- 
linrics  for  treating  of  peace  with  Great  Britain^  uader  the  mediatioa  of  the  emperor 
Alrxrnncr,  tinted  the  15th  ef  April,  1813. 


01 


13 

opened  by  France,  upf.n  the  United  States,  became  such,  as  to  admit, 
])erli»p$^  of  no  parullel,  except  in  the  coteniporaneous  scenes  which  were 
exhibited  b}  tbe  injustice  of  her  ^reat  competitor.  The  American  gov- 
ernment acted,  in  both  eases,  on  the  same  pacific  policy;  in  the  same 
spirit  of  patience  and  forbearance;  but  with  tlie  same  determination,  also 
to  assert  the  honor  and  independence  of  tbe  nation.  When,  therefore, 
every  conciliatory  effort  had  fuilud,  and  when  two  successive  missions  of 
peace  had  been  contemptuously  repulsed,  the  Amc-ican  government,  in 
the  year  179.S,  annulled  its  trealies  «itli  France,  and  waged  a  maritime 
varagainst  that  nation,  for  the  defence  of  its  citizens,  and  of  its  com- 
merce, passing  on  the  high  seas.  But  as  soon  as  the  hope  was  conceived, 
of  a  satisfactory  change  in  tbe  dispositions  of  the  French  government,  the 
American  government  hastened  to  send  another  mission  to  France;  and 
a  convention,  signed  in  the  year  1800,  terminated  the  subsisting  differences 
between  the  two  countries. 

Nor  were  the  United  Stales  able,  during  thp  same  period,  to  avoid  a 
collision  with  the  government  of  Spain,  upon  many  important  and  crit- 
ical questions  of  boundary  and  commerce;  of  Indian  warfare,  and  mari- 
time spoliation.  Preserving,  however,  their  system  of  moderation,  in  the 
assertion  of  their  riglits,  a  course  of  amicable  discussion  and  explanation 
produced  mutual  satisfaction;  and  a  treaty  of  friendship,  limits  and  nav. 
igation,  was  formed  in  the  year  1795  by  which  the  citizens  of  the  United 
States  acquired  a  right,  for  the  space  of  three  years,  to  deposite  their 
merchandises  nn<l  effects  in  the  port  of  New  Orleans;  with  a  promise, 
cither  that  the  enjoyment  of  that  right  should  be  indefinitely  continued,  or 
that  another  part  of  the  bAnks  of  the  Mississippi  should  be  assigned  for 
an  equivalent  cslablishment.  But,  when,  in  the  year  1802,  the  port  of 
New  Orleans  was  abrnjitly  closed  against  the  citizens  of  the  United  States, 
without  an  assignment  of  any  other  equivalent  place  of  deposite,  the  har- 
mony of  the  two  countries  was  again  most  seriously  endangered  ;  until  the 
Spanish  government,  yielding  to  the  remonstrances  of  the  United  States, 
disavowed  the  act  of  tbe  inteiid:iiit  of  New  Orleans,  and  ordered  ffce  right 
of  deposite  lo  be  reinstulod,  on  tiie  terms  of  the  treaty  of  1795. 

The  effects  produced,  even  by  a  temporary  suspension  of  the  right  of 
deposite  at  New  Orleans,  upon  the  interests  and  feelings  of  the  nation, 
natural'./  suggested  to  the  American  government,  the  expediency  of  guard- 
ing against  their  recurrence,  liy  the  acquisition  of  u  permanent  property 
in  the  province  of  Louisiana.  The  minister  of  the  United  States  at 
Madrid,  was,  accordingly  instructed  to  apply  to  the  government  of  Spain 
upon  the  subject ;  and.  on  the  1th  of  May,  IHOi,  he  received  an  answer, 
stating,  that  *'!iy  the  retroc:'8sion  made  In  France  of  Lousisiana,  that 
power  regained  the  province,  with  the  limits  it  had,  saving  the  rights  ac- 
quired by  other  powers;  and  that  the  United  States  could  address  them- 
selves to  the  French  government,  to  negotiate  the  acquisition  of  territo- 
ries, w  hich  might  suit  their  interest."*  But  before  this  reference,  official 
information  of  the  same  fuel  had  been  received  by  Mr.  Pinkney  from  the 
court  of  Spain,  in  tlie  month  of  March  preceding,  and  the  American 
government,  having  instituted  a  special  mission  to  negociate  the  purchase 
of  TiOuisiana  from  France,  or  from  Spain,  whichever  should  be  its  sove- 
reign, the  purchase  was,  accordingly,  accomplished,  for  a  valuable  con- 
sideration, (that  was  punctually  paid)  by  the  treaty  concluded  at  Paris, 
on  the  30th  of  April,  iso.9. 

The  American  government  has  not  seen,  without  some  sensibility,  that 
a  transaction,  accompanied  by  such  circumstances  of  general  publicity, 
and  of  s'MMipulous  good  faith,  has  been  denounced  by  the  Prince  Ri'gent, 

•  See  tlip  letter  from  Don  Pedro  Cevnllos,  the  minister  of  Spnin,  to  Mr.  C.  I'inknej', 
the  minister  of  the  OnifctI  States,  dated  the  4th  of  May,  1803,  fiom  which  the  passage 
cited  is  litcrnlly  translated. 


in  his  dec 
orons  con 
the  royal 
impute 
aggrundi 
"•til at  the 
had  been 
of  the  mi 
the  Unili 
good  reii!i 
were  indi 
descend 
peremptd 
business 
claims  oi 
misreprc! 
the  pure 
the  A  me 
the  missi 
British  g 
no  doubt 
ately  am 
appeared 
subject.'' 
hoslilitie 
France,  i 
dor  from 
governm 
reignty  o 
iana,  as 
by  the  U 
had  been 
Britain, 
the  Briti 
"that  he 
with  wh 
majesty  i 
not  to  in 
sippi,  as 
governm 
esty  enti 
snbsistei 
mutual  I 
stances, 
arraign 
isiana ; 
on  accoi 
tcntinn  i 
its  ambi 
the  con 
known  i 


•  Sect 
t  See  t 
i  See  t 
§See  t 
II  See  t 
London, 
dated  the 
f  See  1 
•*  .Sec 


to    ailmil, 

liicli  were 

I'ican  gov- 

tlie  stiniR 

ition,  (iIhi) 

therefore, 

issiuns  of 

iimi'iU,  in 

maritimo 

its  com- 

ponoeived, 

nmeiit,  tliG 

>ncc' ;  and 

iitVerences 

I)  avoid  a 
t  and  cril- 
and  mari- 
ioii,  in  the 
qtlanation 
i  and  nav> 
he  United 
>site  their 
,  promise, 
itinued,  or 
isigned  for 
he  port  of 
ted  States, 
,  the  har- 
;  nntii  the 
n\  States, 
i  tie  right 

right  of 
ie  nation, 
of  guard- 
property 
States  at 
t  of  Spain 
n  answer, 
ana,   that 
riglits  ac- 
ess  thom- 
if  territo- 
ce,  official 
from  the 
American 
purchase 
its  sove- 
able  con- 
at  Paris, 

lility,  that 
publicity, 
s  Regent, 

'^.  l^ii)kner« 
the  passage 


13 

in  his  declaration  of  the  loili  of  January,  1813,  as  a  proof  of  the  "ungen- 
erous conduct''  of  the  Lfnitcd  States  towards  Spain.*     Jn  uinplification  uf 
the  royal  charge,  the  liritish  negotiators  at   (jhcnt,  have  presumed  to 
impute  ''the  ac(piisition  of  liuuisiana,  by  (he  United  States,  to  a  spirit  of 
aggrandizement,  not  necessary  to  their  own  security;""  and  to  maintain 
'^ibat  the  purchase  was  made  against  the  known  conditions,  on  which  it 
had  been  ceded  by  Spain  to  France  ;"t  that  "in  the  face  of  the  protestation 
of  the  minister  of  his  catholic  majesty  at   Washington,   the  President  of 
the  Uniti'd  Slates  ratified  the  treaty  of  purcliase  ;'*t  and  that  "there  was 
good  reason  to  believe,  that  many  circumstances  attending  the  trnnsaciion 
were  industriously  concealed. "§     Tlie  American  government  cannot  con- 
descend to  retort  aspersions  so  unjust,  in  language  so  opprobrious;  and 
peremptorily  rejects  the  pretension  of  Great  Britain,  to  interfere  in  the 
business  of  the  United  States  and  Spain  :  but  it  owes,  nevertheless,  to  the 
claims  of  truth,  a  distinct  statement  of  the  facts  which  have  been  thus 
misrepresented.     When  the  special  mission  was  appointed  to  negotiate 
the  purchase  of  Louisiana  from  France,  in  the  manner  already  mentioned, 
the  American  minister,  at  London,  was  instructed  to  explain  the  object  of 
the  mission  ;  and  having  made  the  explaiuitinn,   he   was  assured  by  the 
British  government,  "that  the  communication  was  received  in  good  part ; 
no  doubt  was  suggested  of  (he  right  of  the  United  States  to  pursue,  separ- 
ately and  alone,  the  objects  they  aimed  at;    but  the  British  government 
appeared  to  be  satisfted  with  the  President's  views,  on  this  important 
8ubject.''||     As  soon,  too,  as  the  treaty  of  purchase  was  concluded,  before 
hostilities  were  again  actually  commenced  between  Great  Britain  and 
France,  and  previously,  indeed,  to  the  departure  of  the  French  ambassa- 
dor from  London,  the  American  minister  openly  notified  to  the  British 
government,  that  a  treaty  had  been  signed,  "by  which  the  complete  sove- 
reignty of  the  town  and  territory  of  New  Orleans,  as  well  as  of  all  Louis- 
iana, as  the  same  was  lieretofore  possessed  by  Spain,  had  been  acquired 
by  the  United  States  of  America;  and  that  in  drawing  up  the  treaty,  care 
had  been  taken  so  to  frame  the  ^anie,  as  not  to  infringe  any  right  of  Great 
Britain,  in  the  navigation  of  the  river  Mississippi.''^     In  the  answer  of 
the  British  government,  it  was  explicitly  declared  by  lord  Hawkesbnry, 
"that  he  had  received  his  majesty's  commands  to  express  the  pleasure 
with  which  his  majesty  had  received  the  intelligence  ;  and  to  add,  that  his 
majesty  regarded  the  care,  which  had  been  taken  so  to  frame  (he  treaty  as 
not  to  infringe  any  right  of  Great  Britain  in  the  navigation  of  the  Missis- 
sippi, as  the  most  satisfactory  evidence  of  a  disposition  on  the  part  of  the 
government  of  the  United  States,  correspondent  with  that  which  his  maj- 
esty entertained,  to  promote  and  improve  that  harmony,  which  so  hajipily 
subsisted  between  the  two  countries,  and  which  was  so  conducive  to  tlieir 
mutual  benefit."**     The  world  will  judge,  whether,  under  such  circum- 
stances, the  British  government  had  any  cause,  on  its  own  account,  (o 
arraign  the  conduct  of  the  United  States,  in  making  the  purchase  of  lion- 
isiana  ;  and,  certainly,  no  greater  cause  will  be  found  for  the  arraignment 
on  account  of  Spain.      The  Spanish  government  was  apprised  of  the  in- 
tention of  the  United  States  to  negotiate  for  the  purchase  of  that  province; 
its  ambassador  witnessed  the  progress  of  the  negociation  at  Paris;  and 
the  conclusion  of  (he  treaty,  on  the  3()(h  of  April,  1803,  was  promptly 
known  and  understood  at  Madrid.      Yet,  the 


Spanish 


government  inter- 


•  See  the  Prince  Regent's  decliiration  of  ttie  lOih  of  Jaimary,  1813. 

"t"  See  tlie  note  of  tl)c  Hriiisl)  commissioners,  ilaifd  llic  'ith  of  Sept.  1814. 

4:  See  t'te  note  of  the  British  commissioners,  «l.ited  llie  I'Jili  of  Se(>t.  i8l4. 

§  See  the  note  of  tlie  British  commissioners,  flatcrl  the  8th  of  Octoher,  1814 

jl  See  the  letter  from  the  socretary  of  state,  to  Mr.  King,  tlie  American  minister  .Tt 
Louden,  dated  theSOlli  of  .Taniiary,  1803;  and  Mr.  King's  letter  to  the  secretary  of  slate 
dated  the  'i!8th  of  April,  180J. 

H  See  th«  letter  of  Mr.  Kinf?,  to  lord  Hawkcshurv,  dated  the  l.^ith  of  May,  1R03. 

••  Sec  the  letter  of  lord  Hawkesbury,  to  Mr.  Ki'nj;,  dutcd  the  lOth  of  May,  1803. 


I 


1-i; 


( 


posed  no  objection,  uo  protestation,  against  tlic  trnnsaction,  in  Europe} 
and  it  was  not  until  lliu  month  oi'  8e|>ic'n)l»er,  1803,  that  the  American 
governmvnt  heard,  with  surprise,  from  the  minister  of  npuin,  at  Wash' 
ington,  that  his  catholic  majesty  was  dissatisfied  with  the  cession  of  Lou- 
isiana to  the  United  States.  Notwithstanding  this  diplomatic  remon- 
Bt^unce,  however,  the  Spanish  government  proceeded  to  deliver  the  pos- 
session of  Louisiana  to  France,  in  execution  of  the  treaty  of  8t.  lldelfonso  ; 
saw  France,  by  an  almost  simultaneous  atitt,  transfer  the  possession  to  the 
United  States,  in  execution  of  the  treaty  of  purchase;  and,  finally,  in- 
structed the  Marquis  de  Casa  Yrujo,  to  present  to  the  American  govern- 
ment, the  declaration  of  the  15th  of  May,  1804,  acting  *'by  the  special 
order  of  his  sovereign,"  *Uhat  the  explanations,  which  (he  gorernment  of 
France  had  given  to  his  catholic  majesty,  concerning  the  sale  of  Louisia- 
na to  the  United  States,  and  the  amicable  dispositions,  on  the  part  of  the 
king,  his  master,  towards  these  states,  had  determined  him  to  abandon 
the  opposition,  whi<;li,  at  a  prior  period,  and  with  the  most  substantial 
motives,  he  had  manifested  against  the  transaction."* 

But  after  this  amicable  and  decisive  arrangement  of  all  differences,  in 
relation  to  the  validity  of  the  Louisiana  purchase,  a  question  of  some  em- 
barrassment remained,  in  relation  to  the  boundaries  of  the  ceded  territory. 
This  question,  however,  the  American  government  always  has  been,  and 
always  will  be,  willing  to  discuss,  in  the  most  candid  manner,  and  to  set- 
tle upon  the  most  liberal  basis,  wiia  the  government  of  Spain.  It  was 
not,  therefore,  a  fair  topic,  with  which  to  inflame  the  prince  regent's  dec- 
laration ;  or  to  emhellish  the  diplomatic  notes  of  the  British  negociators 
at  Ghent. t  The  period  has  arrived,  when  Spain,  relieved  from  her  Bu- 
ropean  labors,  may  be  expected  to  bestow  her  attention,  more  effectually, 
upon  the  state  of  her  colonies;  and,  acting  with  the  wisdom,  justice  and 
magnanimity,  of  which  she  has  given  frequent  examples,  she  will  find  nu 
difficulty,  in  meeting;  the  recent  advances  of  the  American  government^ 
for  an  honorable  adjustment  of  every  point  in  controversy  between  the  two 
countries,  without  seeking  the  aid  of  British  mediation,  or  adopting  the 
animosity  of  British  coiuieils. 

But  still  the  United  States  feeling  a  constant  interest  in  the  opinion  of 
enlightened  and  impartial  nations,  cannot  hesitate  to  embrace  the  oppor- 
tunity, for  repr^sotiting.  in  the  simplicity  of  truth,  the  events,  by  which 
they  have  been  led  to  t»kc  possession  of  a  part  of  the  Floridas,  notwith- 
standing the  claim  of  Spain  to  the  sovereignty  of  the  same  territory.  In 
the  acceptation  and  understanding  of  the  United  States,  the  cession  of 
Louisiana  embraced  the  country  south  of  the  Mississippi  territory,  and 
eastward  of  the  river  Mississippi,  and  extending  to  the  river  Perdido  ; 
but  "their  conciliatory  views  ;  and  their  confidence  in  the  justice  of  their 
cause,  and  in  the  success  of  a  candid  discussion  and  amicable  negotiation 
with  a  just  and  iVioudly  pover,  induced  them  to  acquiesce  in  the  tempo- 
rary continuonce  of  tliat  territory,  under  the  Spanish  authority."  When, 
however,  the  adjustment  of  the  boundaries  of  Louisiana,  as  well  as  a 
reasonable  indemiiifieation,on  account  of  maritime  spoliations,  and  the 
suspension  of  the  right  of  deposit  at  X.  Orleans,  seemed  to  be  indefinitely 
postponed,  on  the  |)i«rt  of  Spain,  by  events  which  the  U.  States  had  not 
contributed  to  produce,  and  could  not  control  ;  when  a  crisis  had  arrived 
subversive  of  the  order  of  things  under  the  Spanish  authorities,  contra- 
vening the  views  of  both  parties,  and  endangering  the  tranquillity  and  se- 
aurity  of  the  adjoining  territories,  by  the  intrusive  establishment  of  a  gov- 
ernment, independent  of  Spain,  as  well  as  of  the  U.  States  :  and  when, 
at  a  later  period,  there  was  reason  to  believe,  that  G.  Britain,  herself,  de- 

*  See  the  tetter  of  the  Marquis  de  Casa  Yrujo,  to  the  Atncrican  secretary  of  state,  dat- 
ed the  ISiliol'  May,  ISOl. 

t  See  the  prince  legeni's  declaration  of  the  10th  of  January,  18)3.  See  the  notes  of 
the  British  oommis&iouers,  doted  19th  September,  8th  October,  1Q14. 


signed  to 
Peusacul 
parting  j 
honor  of 
the  intru! 
self-prest 
Hence,  tli 
cording  ti 
country, 
eepting  si 
they  until 
possessioi 
against  tl 
ed  posses: 
West  Flo 
varvina:  tl 
that  prov 
under  the 
of  his   gi 
violation  i 
believed,  i 
had  occur 
tions  agai 
necessity 
Spain,  an 
declaratic 
the  territo 
friendly  n 
The  pi 
belligereu 
a  necbssai 
merited 
January, 
to  the  ins 
prejudice! 
are  past, 
war  in  Et 
ica ;  but  I 
The  hosti 
in  the  yei 
ions  of  thi 
independ 
interval, 
gressions 
eontinnet 
tructive. 
inflexibly 
the  latter 
former  ti 
choose,  fr 
tance.     A 


•  Sea  the 
proclamutic 

See  thi  . 
by  the  Gov" 
the  answer 

S«e  the  I 
the  15th  of 

See  the  o 
ih  the  mont 


I  lliui'ope  i 
American 
at  Wash- 
in  of  Lou- 
ie remon- 
tlie  pos- 
Idelfunso ; 
sion  to  the 
inally,  in- 
ftn  govern- 
he  special 
eriiment  of 
>f  Louisia- 
lart  of  the 
0  abandon 
tubstantial 

erenees,  in 
f  some  em- 
d  territory. 
} been,  and 
and  to  set- 
n.  It  was 
gent's  dec- 
legociators 
m  her  Gu- 
eflfectually, 
ustice  and 
ivill  find  nu 
overnment) 
een  the  two 
loptisig  the 

i  opinion  of 
the  oppor- 
i,  by  which 
18,  notwith' 
ritory.  In 
cession  of 
•ritory,  and 
r  Ferdido  ; 
ice  of  their 
negotiation 
the  tempo* 
^."  When, 
i  well  as  a 
ns,  and  the 
indefinitely 
tes  had  not 
lad  arrived 
ies,  eontra- 
llity  and  se- 
nt of  a  gov- 
and  when, 
herself,  de- 

of  state,  dat- 
e  the  notes  ol" 


19 

signed  to  occnpy  the  Floridas,  (and  she  has,  indeed,  acdmlly  ooospied 
PeuHaeoIa,  for  hostile  purposes,)  ihe  Amuricaii  goveriiniint,  wilhout  de- 
parting from  its  respect  for  Ihe  righls  of  «puin,  and  even  consulting  the 
honor  of  that  state,  uneciual,  as  she  then  was,  tu  (lie  task  of  suppressing 
the  intrusive  establishment,  was  impeliiid  by  tlie  paramount  prineiple  of 
self-preservation,  «o  rescue  its  own  rights' from  the  impending  danger. 
Hence,  the  United  States  in  the  year  1810,  jtroceeding,  step  by  step  ac- 
cording to  the  growing  exigencies  of  the  lime,  took  pussessiun  of  the 
country,  in  which  the  standard  of  independence  had  been  displayed,  ex- 
cepting such  places  as  were  held  by  a  Spanish  force.  In  the  year  1811, 
they  authorized  their  president,  by  law,  provisionally  ti»  accept  of  the 
possession  of  East  Florida  from  the  local  authorities,  or  to  pre-occupy  it 
against  the  attempt  of  a  foreign  power  to  sieze  it.  In  tHia,  they  obtain- 
ed possession  of  Mobile,  the  only  place  then  held  by  a  Spanish  force  in 
West  Florida  ;  with  a  view  to  their  own  imnie<Iialc  security,  but  uiihout 
varying  the  questions  depending  bi'tween  them  and  Spain,  iu  relation  t» 
that  province.  And  in  the  year  1814,  the  American  cunimander,  acting 
under  the  sanction  of  the  law  of  nations,  but  unautliorised  by  the  orders 
of  his  government,  drove  from  Fensacola  the  British  troops,  who,  in 
violation  of  the  neutral  territory  of  Spain,  (a  violation  which  Spain,  it  u 
believed,  must  herself  resent,  and  would  have  resisted,  if  the  opportunity 
had  occurred,)  seized  and  fortified  that  station,  to  aid  in  military  opera- 
tions against  the.  United  States.  But  all  these  measures  of  safety  and 
necessity  were  frankly  explained,  as  they  occurred,  to  the  government  of 
Spain,  and  even  to  the  government  of  Ureal  Britain,  antecedently  to  the 
declaration  of  war,  with  the  sincercst  assurances,  tiiat  the  possession  of 
the  territory  thus  acquired,  ''should  not  cease  tu  be  a  subject  of  fair  and 
friendly  negociation  aud  adjustment."* 

The  present  review  of  the  conduct  of  the  United  States,  towards  the 
belligerent  powers  of  Europe,  will  be  regarded,  by  every  candid  mind,  as 
a  necessary  medium,  to  vindicate  their  national  character,  from  the  un- 
merited imputations  of  the  prince  regent's  declaration,  of  the  lotli  of 
January,  1813  ;  and  not  as  a  medium,  voliinturily  assumed,  according 
to  the  insinuations  of  that  deciaraliun,  for  the  revival  of  unworthy 
prejudices,  or  vindictive  passions,  in  reference  to  transactions  that 
are  past.  The  treaty  of  Amiens,  which  seemed  to  terminate  the 
war  in  Europe,  seemed,  also,  to  terminate  the  neutral  sufierin^s  of  Amer- 
ica ;  but  the  hope  of  repose,  was,  in  both  respects,  delusive  and  transient. 
The  hostilities  which  were  renewed  between  Great  Britain  and  France^ 
in  the  year  1803,  were  immediately  follon^ed  by  a  renewal  of  the  aggress- 
ions of  the  belligerent  power»,  upon  the  commercial  rights,  and  political 
independence,  of  the  United  States.  There  were  scarcely,  therefore,  an 
interval,  separating  the  aggressions  of  the  first  of  the  war,  from  the  ag- 
gressions of  the  second  war ;  and  although,  in  nature,  the  aggressions  of 
continued  to  be  the  same,  in  extent  they  becanoe  incnleulably  more  des 
tructive.  It  will  be  seen,  however,  that  the  American  government, 
inflexibly  maintained  its  neutral  and  pacific  policy,  in  every  extremity 
the  latter  trial,  with  the  same  good  faith  and  forbearance,  that,  in  the 
former  trial,  had  distinguished  its  conduct :  until  it  was  compelled  to 
choose,  from  the  alternative,  of  national  degradation,  or  national  resis- 
tance.    And  if  Great  Britain  alone  then  became  the  object  of  the  Ame- 

•  3ee  the  letter  from  the  secretarj-  of  stste,  to  Gov.  Claiborne,  and  the  President's 
proclamution,  dHtcd  the  2rth  October,  I&IO. 

See  thi'  prooeedi.gs  o.  the  convention  ol'  Florida,  transmitted  to  the  secretary  of  state, 
by  the  Governor  of  the  Mississippi  teritory,  in  his  I'  iter  of  the  17th  October,  I8I0  ;  aiul 
the  answer  of  the  secretary  of  stutc   dated  the  I5fh  of  November,  1810. 

See  the  letter  of  Mr  Morier,  Kritlsh  chyrg;cd'HflFaires,  to  the  secretary  of  state,  dated 
the  15th  of  DecfMTibt.r,  18!0,  and  the  secretary's  answer. 

See  the  correspondenct  between  Mr  Monroe,  and  Mr.  Foster,  the  British  ininisfcr,. 
in  the  months  of  July,  bsptesiber,  and  Novimber,  1811. 


16 


rlciin  declaration  ol'  war,  it  will  lie  seen,  that  Great  Hrilain  ulmic,  had 
ubaliiiulely  clitsed  llie  door  uf  Hinicable  ue^nuialioii. 

Thk  Ainerii'iin  minister  Hi  liOnilon,  antieipHtiiig  (he  riipliire  l)«  twi'en 
Great  Britain  and  France,  had  obtained  asxiiranccij  IVnni  the  Hritisli  guv* 
ernnient,  "that,  in  the  went  uf  war,  the  instrnctinns  given  to  ihoir  naval 
utlicerH  shonid  be  drawn  up  with  plainness  and  precision  :  and  in  general, 
that  the  rights  of  belligerents  shunld  be  exercised  in  moderation,  and  uith 
dne  respect  for  those  of  neutrals."*  And  in  relation  to  the  important 
subject  itf  impressment,  he  had  actually  prepared  for  signature,  with  the 
assent  of  liord  Haw  kesbnry  and  Lord  ISI.  Vincent,  a  convention  to  conliu- 
ue  during  five  years,  declaring,  that  "no  seaman,  nor  seafaring  person, 
should,  upon  the  high  seus,  and  without  the  Jurisdiction  of  either  party, 
he  demanded  or  taken  out  of  any  shi|,,  or  vessel,  belonging  to  the  citizens 
or  subjects  of  one  of  the  parties,  by  the  public  or  private  armed  ships, 
or  n»eu  of  war,  belonging  to.  ur  in  the  service  of,  the  other  party;  and 
that  strict  orders  should  be  given  for  the  due  observance  of  the  engage- 
nient."t  This  convention,  which  explicitly  relin<{uished  impressments 
from  American  vessels,  on  the  high  seas,  and  to  which  (he  British  minj's- 
ters  had,  at  first  agreed.  liOrd  St.  Vincent  w  as  desirous  afterwards  to  mod- 
ify, "slating,  that  on  further  reflection,  he  was  of  opinion,  that  the  narrntv 
seas  shonid  be  expressly  excepted,  they  having  been,  as  his  lorJship  re- 
marked, immeniorially  considered  to  be  within  the  dominion  of  Great 
Britain."  The  American  minist  r,  however,  "having  supposed,  from 
the  tenor  of  his  conversations  with  Lord  Wt.  Vincent,  that  the  d;»ctrine  of 
mare  clansum  would  not  be  revived  against  the  United  States  on  this  oc- 
casion;  but  that  England  would  be  content,  with  the  limited  jurisdiction, 
or  dominion,  over  the  seas  adjacent  to  her  territories,  which  is  assigned 
by  the  law  of  nations  to  other  states,  was  disappointed,  on  receiving  Lord 
St.Vincent's  communication  ;  and  chose  rather  to  altandon  the  negociation, 
than  to  acquii'see  in  the  doctrine  it  proposed  to  establish. "t  But  it  was 
still  some  satisfaction  to  receive  a  formal  declaration  from  the  British 
government  communicated  by  its  minister  at  Washington,  after  the  reeoni- 
mencement  of  the  vvar  in  Europe,  which  promised,  in  effect,  to  reinstate 
the  practice  of  naval  blockades,  upon  the  principles  of  the  law  of  nations  ; 
so  that  no  blockade  shonid  be  considered  as  existing,  "unless  in  respect 
of  particular  ports,  which  might  be  actually  invested  ;  and,  then,  that  the 
vessels  bound  to  such  ports  should  not  be  captured,  unless  they  had  pre- 
viously been  warned  not  to  enter  ihem.''^ 

All  the  precautions  of  the  American  government  vi'ere,  nevertheless, 
ineffectual  ;  and  the  assurance,  of  the  British  government  were,  in  no 
instance,  verified  The  outrage  of  impressment  was  again,  indiscrimin- 
ately, perpetrated  upon  the  crew  of  every  American  vessel,  and  on  every 
sea.  The  enormity  of  blockades,  established  by  an  order  in  council, 
without  a  legitimate  object,  and  maintained  by  an  order  in  council,  with- 
out the  application  of  a  competent  fon-e,  was,  more  and  more,  developed. 
The  rule,  denominated,  '*the  rule  of  the  war  of  I73r>,"  was  revived,  in 
an  affected  style  of  moderation,  but  in  a  spirit  of  more  rigorous  execu- 
tion.§  The  lives,  the  liberty,  the  fortunes,  and  the  happiness,  of  the 
citizens  of  the  United  Slates,  engaged  in  the  pursuits  of  navigation  ami 
romnierce,  v.ere  once  more  subjected  to  the  violence  and  cupidity  of  the 
Hritish  cruisers.  And.  in  brief,  so  grievous,  so  iiitoleralile,  had  the 
ailliclions  of  the  nation  become,  that  the  people,  with  one  mind,  and  ooe 

•  See  tlie  letter  of  Mr.  King,  to  tlie  secretary  ot  state,  ilaterf  the  Ifith  of  May,  1803. 

t  See  the  lell«r  h(  Mr.  King,  to  tlie  secretary  of  sta  e,  tiated  .tulv,  i  80.1 

t  See  tlie  letter  ol  Mr  Merry,  to  the  -ecretary  t'  state,  (latcil  the  ; '2tlj  of  April, 
1804,  uixl  the  enclosed  opy  of  a  Irtterfrom  -Mr.  NepeKii,  the  secretary  of  ihe  admiralty, 
to  Mr.  1-Iamnioiid,  British  under  secretary  ot  state  for  foreign  atf  irs,  <laled  .Ian.  5,  1804. 

§  Sec  the  orders  in  couucil  of  the  '24th  of  June,  1803,  and  the  I7tti  of  August,  1805. 


voice,  ca 
the  congi 
meats  of 
an  imuiei 
imiriutic 
en  Connie 
ety  of  foi 
during  ti 

Am1D3 

on  the  oti 
firmnestf. 
to  provol 
that  led, 
arms.    It 
an  immei 
war.     Ai 
motive  to 
l^t.  thes 
subdue  1 1 
meict;  bii 
system,  ii 
and  it  so 
It  has 
ish    minii 
source  of 
"deemed 
did  notsu 
another  t 
aside,  bee 
expressly 
upon  an  < 
the  liriti* 
spoflatioi 
paration, 
honor,  ai 
faction  f( 
entire  dii 
traordinn 
governmt 
nay,  an  a 
British  n 
friendly 
pressmen 
ble  ;"  an 
shou! ^  h 
eommiini 
Influence 
ences  bet' 
to  relievt 
oonfidenc 
in  a  sens 

•  Seeth 
Congress  i 

t  ^ee  ll 
Puarv,  18t 

+  See  VI 
and  the  tei 
daiMl  l!ie  '. 

§  ''te  th 
passed  the 


tiloiic,  had 

re  ht  twi'iMi 
rilisli  gov- 
iioir  iiuval 
in  general) 
I,  Hiui  uitli 

im|)ortanl 
e,  with  (he 
I  to  cuntiu- 
ing  person, 
Iher  party, 
:he  citizens 
Died  ships, 
(arty;  and 
the  engage- 
ipressnients 
itish  minjs- 
irds  tu  mod- 

the  narrow 
orJship  re- 
n  of  Great 
posed,  fV««m 
I  diictrine  of 
i  on  thss  oc- 
jurisdiction, 

is  assigned 
leiving  Lord 
negoeiation, 

Hut  it  was 

the  British 
r  tiie  recoui- 
to   reinstate 

«if  nations; 
s  in  respect 
leii,  that  the 
»ey  had  pre- 

levertheless, 

were,  in  no 

indiscrimin- 

ind  on  every 

in  council, 
luncil,  with- 
,  developed. 

revived,  in 
orous  execn- 
ness,  of  the 
vigation  and 
pidity  of  the 
de,  had  the 
ind,  and  one 

of  May,  t803. 
503 

'2ili  of  April, 
he  rtdmiraltv, 
eil  .Ian.  5,  1804. 
Vugust,  1805. 


17 

voice,  called  loudly  upon  (heir  government,  for  redress  and  protection  )* 
the  congress  of  the  United  States,  pHrtieipating  in  the  feelings  and  resent* 
nienta  of  the  time,  urged  upon  the  executive  magistrate,  the  necessity  of 
an  immediate  demand  of  reparation  from  Great  Britain  ;t  while  (he  same 
pairiotic  spirit,  which  had  opposed  British  iisur|)ntion  in  17Ud,  and 
encountered  French  iiosliiity  in  i7UU,  was  again  pledged,  in  every  vari- 
ety of  form,  lo  the  mainienauce  of  itic  national  honor  and  independence, 
during  the  more  arduous  trial  that  arose  in  l8Ud. 

Amidsi  these  scent-s  uf  injustice,  on  the  one  hand,  and  of  reclamation 
on  the  other,  the  .Ainerieau  government  preserved  its  equanimity  and  its 
firmness.  Ithelicld  uiucii  in  the  eoiiduel  of  France,  and  of  her  ally,  Hpain, 
to  provoke  reprisals,  it  belield  more  in  the  conduct  of  Great  Britain, 
that  led,  unuvoidaui\  (as  had  often  been  avowed)  to  (he  last  resort  of 
arms.  It  beheld  in  the  temper  of  the  nation,  all  that  was  requisite  to  justify 
an  immedite  selection  of  Great  Britain,  as  the  object  of  a  declaration  of 
war.  And  it  could  not  but  beh<ild  in  the  policy  of  France,  the  strongest 
motive  to  aecpiire  the  (Jnited  .Stales  as  an  associate  in  the  existing  conllict. 
\^U  these  considerations  did  not  then,  more  than  at  any  former  crisis, 
subdue  (he  fortitude,  or  mislead  the  judgment,  of  the  Anuriean  govern- 
ment; but  in  perfect  consistency  witii  its  neutral,  as  well  as  its  pacific, 
system,  k  demanded  atonement,  by  remonstrances  with  Francv  and  npain  ; 
and  it  sought  the  preservation  of  peace,  by  negoeiation  w  ith  Great  Britain. 

It  has  been  shovtn,  that  a  treaty  proposed,  emphatically,  by  the  Brit- 
ish minister,  resident  at  Philadel|ihia,  "as  the  means  of  drying  up  every 
source  of  complaint,  and  irritation,  upon  (he  head  of  impressment,"  %vas 
"deemed  utterly  inadmissible,'  by  the  American  government,  because  it 
did  nut  sultii'iently  provide  for  that  object.:^  It  has,  also,  been  shown,  that 
another  treaty,  proposed  bv  the  American  minister,  at  London,  was  laid 
aside,  because  the  Bii'*  'i  government,  while  it  was  willing  to  relinquish, 
expressly,  impressinciits  from  American  vessels,  on  the  high  seas,  insisted 
upon  an  except!  ..,  in  reference  lo  the  narrovv  seas,  claimed  as  a  part  of 
the  British  dtMiinion  :  and  experience  demonstrated,  that,  although  the 
spoliations  committed  upon  the  American  commerce,  might  admid  of  re- 
paration, by  the  payment  of  a  pecuniary  equivalent  ;-  yet,  consulting  the 
honor,  and  the  feelings,  of  the  nation,  it  was  impossible  to  receive  satis- 
faction for  the  cruelties  of  impressment,  by  any  other  means,  than  by  an 
entire  discontinuance  of  the  practice.  When,  therefore,  the  envoys  ex- 
traordinary were  appointed  in  the  year  iSOfi  to  negociate  with  the  british 
government,  every  authority  was  given,  for  (he  purposes  of  conciliation  ; 
nay,  an  act  of  congress,  prohibiting  the  importation  of  certain  articles  of 
British  manufacture  into  (lie  United  States,  was  suspended,  in  proof  of  a 
friendly  disposition  ;§  but  it  was  declared,  that ''the  suppression  of  im- 
pressment, and  the  definition  of  blockades,  vvcre  absolutely  indispensa- 
ble ;"  and  that,  ^'without  a  provision  against  impressments,  no  treaty 
shoul '  be  concluded."  The  American  envoys,  accordingly,  took  care  to 
eommunicate  (o  the  British  commissioners,  the  limitations  of  their  powers. 
Influenced,  at  the  same  time,  by  a  sincere  desire  to  terminate  the  differ- 
ences between  the  two  nations  ;  knowing  the  solicitude  of  their  government, 
to  relieve  its  seafaring  citizens  from  actual  suft'erance;  listening,  with 
confidence,  to  assurances  and  explanations  of  the  British  commissioners, 
in  a  sense  favorable  to  their  wishes  ;    and  judging  from  a  state  of  iufor- 

•  Seethe  memor'.ils  ofUoston.  New-York,  PhiladcIphiH,  BHitimore,  Sr.c,  presented  to 
Congress  in  the  cikI  oltlu'  year  1805,  and  tiie  beginiiing  i>f  the  year  1806. 

t  "lee  the  resoiiiiioi'S  of  the  senate  of  the  United  Stiites,  of  the  lOtli  and  l4tli  of  Feb- 
Fuarv,1806;  and  the  resolu'ion     fthe  house  of  representiitives  of  tlie  Un  ted  Stutes 

+  See  Mr.  I  jston's  letter,  to  tlie  secrttary  of  state,  d;ited  tht  4tli  of  February,  1810; 
and  ilie  letter  ol  \(r.  Pii  keriug,  secretary  of  state,  lo  the  president  of  the  United  States, 
dai'd  t!ie  SOil;  of  Kebniarv,  1800. 

§  Ste  the  .utof  confess,  ,  ass- d  the  18th  of  April,  1806}  and  the  act  aus|;endiugit 
passed  the  lOlli  uf  December,  1S06. 


18 


Illation,  that  i^avpnoimiiKMliiUo  cause  (o  doubt  the  AiriTicionry  oi'tluise  a.^t- 
fluiMiifes  iinil  ei^tlaiiiitiotiH  ;  the  LMtvoyH,  rather  than  lerniiiiutf  the  tii-^n- 
ciutiiiii  wilhuiit  any  urraiit;eiii(Mit,  were  \>illin^to  rely  iipmi  (he  ehi('ii<-y  oi* 
a  NiibHtitiitc,  i'ttr  u  poNilive  iirlii-le  in  the  Irealy,  to  be  siibinine<l  to  the 
voMstiilerution  ot'their  i;ovi'riiiiient,  as  this,  acconliiij^  to  the  derldrution  of 
Ihi;  liritish  uoMiiiiiHsioiiers,  was  the  only  urran^emeiit,  titey  were  |ierinit- 
ted,  at  that  time,  to  |»!-o|)i)se,  or  to  alluw.  'I'he  substitute  was  preaeiited 
ill  the  form  ot'a  note  from  the  lirilish  commissioners  to  the  American  en- 
voys, and  contained  a  |)h'd<;is  ^MhiU  instructions  had  been  given,  and 
shouhi  he  repeated  and  eiii'oreed,  for  the  ohjuervanee  of  the  greatest  caution 
in  the  iinpressin;^  of  liritish  seamen  ;  that  the  strictest  uare  should  be 
taken  to  preserve  the  citixens  of  tiie  IJnited  States  from  aiiy  molestation, 
or  injury  ;  and  tliat  immediate  and  prompt  redress  should  ha  atlbrded, 
upon  any  represent ut ion  of  injury  sustained  by  tiiem."* 

Inasmuch,  however,  as  the  treaty  contained  no  provision  a,gainst  im- 
pressment, an<l  it  was  seen  by  the  government,  when  the  treaty  was  under 
consideration  for  ratitieation,  that  the  pledge  contained  in  the  substitute 
was  not  complied  with,  but  ofi  the  contrary,  that  thi^  impressmer^^t 
were  continued,  with  undiminished  violencct  in  the  American  seas,  s» 
long  after  the  alleged  date  of  the  instructions,  which  were  to  arrest  them  ; 
that  the  practical  inutftcacy  of  the  substitute  could  not  he  doubted  by  the 
government  here,  the  ratification  of  the  treaty  was  necessarily  declined  ; 
and  it  has  since  appeared,  that  after  a  change  in  the  British  ministry  had 
taken  place,  it  was  declared  by  the  s'.'crctary  for  foreign  atTairs,  that  n» 
engagements  were  entered  into,  on  the  part  of  his  majesty,  as  connected 
with  the  treaty,  except  such  as  appear  upon  the  face  of  it.t 

The  American  government,  however,  with  utiabating  solicitude  for 
peace,  urged  an  immediate  renewal  of  the  negociations  on  the  basis  of  tho 
abortive  treaty,  until  this  course  was  peremptorily  declared^  by  the  Brit' 
ish  government,  to  be  "wholly  inadmissible. '':| 

But  independent  of  the  silence  of  the  proposed,jtreaty,  upon  the  great 
topic  of  American  complaint,  and  of  the  view  which  has  been  taken  of 
the  projected  substitute  :  the  contemporaneous  declaration  of  the  liritish 
eominissioners,  delivered  by  the  command  of  their  sovereign,  and  to  which 
the  American  envoys  refused  to  make  themselves  a  party,  or  to  give  the 
slightest  degree  of  sanction,  was  regarded  by  the  American  government, 
as  amjile  cause  of  reject i(»n.  In  reference  to  the  French  decree,  which 
liad  been  issued  at  Berlin,  on  the  2lst  of  IVovember,  1806,  it  was  declar- 
ed, that  if  France  should  carry  the  threats  of  that  decree  into  execution, 
and  ''if  neutral  nations,  contrary  to  all  expectation,  should  acquiesce  in 
such  usurpations.  hi»  majesty  might,  probably,  be  compelled,  ho.vever 
reluctantly,  to  retaliate,  in  his  just  defence,  and  to  adopt,  in  regard  to 
the  commerce  of  neutral  nations  with  his  enemies,  the  same  measures, 
which  those  nations  sboiild  have  permitted  to  he  enforced,  against  their 
commerce  with  his  subjects."  "that  his  majesiy  could  not  enter  into  the 
stipulations  of  ths'  present  treaty,  without  an  explanation  from  the  Unit- 
ed *^tates  of  their  inteMtions,  or  a  reservation  on  the  part  of  his  majesty, 
in  tlie  ease  abovementioned,  if  it  shouhi  ever  occur  ;"  and  "that,  with- 
out a  formal  abandonment,  or  tacit  relinquishment,  of  the  unjust  preten- 
sions 01  France;  or  without  such  conduct  and  assurances  upon  the  part 
of  the  United  States,  as  should  give  security  to  his  majesty,  that  they 
would  uot  ««ulMnit  to  the  French  innovations,  in  the  established  system  of 
maritime  law,  hi<!  majesty  would  not  consider  himself  bound,  by  the  pres- 
ent signature  of  his  commissioners,  to  ratify  the  treaty,  or  precluded  from 

•  S'  e  the  i.ote  » f  the  Bntish  commissinners,  dated  8th  oi  November,  1806. 
.     t  Sec  >Tr.  Cannula's  letter  to  the  American  enToys,  dated  Sfth  October,  180r. 
k  Ste  the  same  lettei-. 


enter, 
anchore 
of  impi 
tion,  ai 
the  inh 
4>f  the 
the  Am 
which 


•  See 
»\sr.,  the 
tSee 
+  See 
See  th 
Leender. 

See, 
Ring,  at  I 


I'rhns?  a:^• 

ellii'itcy  of 
(p(i  |i>  iho 
anil  ion  of 
re  poriiiit- 

prt'Meiitud 
erican  en- 
given,  and 
L'Ht  caution 

shnuld  be 
loiestation, 
la  a Horded. 

i^ainst  im~ 
was  under 
Huhstilute 
[ires!tmer^s 
m  seas,  s» 
prest  them  j 
lited  by  the 
y  declined  ; 
linistry  had 
I's,  that  o» 
s  connected 

>licitude  for 
basis  of  tho 
)v  the  Brit' 

a  the  great 
!en  taken  of 
'  the  liritish 
ind  to  which 
to  give  the 
l^overnuient, 
uree,  which 
was  declar- 
0  execution, 
iicquiesce  in 
id,  ho.vever 
in  regard  to 
;  measures, 
gainst  their 
ter  into  the 
m  the  Unit- 
his  majesty, 
'that,  with- 
ijust  preten- 
on  the  part 
,  that  they 
id  system  of 
by  the  pres- 
eluded  from 

1806. 
,  1801. 


19 

adopting  such  measures,  as  might  seem  necessary,  for  counteracting  thv 
designs  of  the  enemy."* 

TuF.  riHervjUion  of  power,  to  invalidate  a  solemn  Ironiy  nt  the  picas- 
<ire  of  one  of  the  parlii's,  and  the  mennce  of  intliilitig  pii'iiisliuietit  upon 
the  United  Htatejt,  for  the  oft'onees  of  aiiollicr  »iiita»n.  proved,  in  the 
event,  a  prelude  to  (he  scenes  of  violence,  which  tJreut  Uiilain  was  then 
about  to  display,  and  which  it  weuld  have  been  improper  for  the  Ameri- 
can negotiators  to  anta-ipule.  For,  if  a  lommenlarj  were  warning  lo 
explain  the  rep*,  design  of  such  conduc't.  it  would  he  found  in  the  fael,  (hat 
within  eight  days  from  the  date  of  the  trealy,  and  bifore  it  was  possil»le 
for  the  Urilish  government  to  have  known  the  eHVet  of  the  Berlin  decree 
on  the  American  government ;  nay,  even  before  the  American  government 
had  itself  heard  of  that  deree,  the  dcslrnction  of  American  eommeree 
was  commenced  by  the  order  in  council  of  the  Tlh  of  January,  1807,  which 
announced,  ''that  no  vssel  should  be  peni.'.lted  to  trade  from  one  port  to 
another,  both  which  ^orts  should  belong  to,  or  lo  be  in  po»session  of 
France,  or  her  allies  :  or  should  be  so  far  under  their  control,  as  that 
British  vessels  might  not  trade  freely  thereat.f" 

During  the  whole  period  of  this  negociation,  which  did  not  finally  close, 
■ntil  the  British  government  declared,  in  the  month  of  (>elober|  1807, 
that  negociation  was  no  longer  admissible,  the  course  purtued  by  the 
British  squadron, stationed  more  immediately  on  the  American  coast,' was, 
in  the  extreme,  vexatious,  predatory  and  hostile.  The  territorial  juris- 
diction of  the  United  States,  extending,  upon  the  principles  of  the  law 
•f  nations,  at  least  a  league  over  the  adjacent  ocean,  was  totally  disre- 
garded and  contemned.  Vessels  employed  in  the  coasting  trad'',  or  in 
the  business  of  the  pilot  and  the  fisherman,  were  objects  of  incessant 
riulence  ;  their  petty  cargoes  were  plundered  ;  and  some  of  their  scanty 
crews  were  often,  either  impressed,  or  wounded,  or  killed  by  the  force  of 
British  frigates.  British  ships  of  war  hovered,  in  warlike  display,  upon 
the  coast;  blockaded  the  ports  of  the  U.  States,  so  that  no  vessel  could 
enter,  or  depart,  in  safety ;  penetrated  the  bays  and  rivers,  and  even 
anchored  in  the  harbors,  of  the  United  States,  to  exercise  a  jurisdiction 
of  impressment;  threatened  the  towns  and  villages  with  conflagra- 
tion, and  wantonly  discharged  musketry,  as  well  as  cannon,  upon 
the  inhabitants  of  an  open  and  unprotected  country.  The  neutrality 
«f  the  American  territory  was  violated  on  every  occasion  ;  and,  at  last, 
the  American  government  was  doomed  to  suifer  the  greatest  indignity, 
which  could  be  offered  to  a  sovereign  and  independent  nation,  in  the  ever 
memorable  attack  of  a  British  fifty  gun  ship,  under  the  countenance  of 
the  British  sqnadron,  anchored  within  the  waters  of  the  United  States, 
upon  the  frigate  Chesapeake,  peaceably  prosecuting  a  distant  voyage. 
The  British  government  affected,  from  time  to  time,  to  disapprove  and 
condemn  these  outrages  ;  but  the  officers  who  perpetrated  them,  were 
generally  applauded  ;  if  tried,  they  were  acquitted ;  if  removed  from 
the  American  station,  it  was  only  to  be  promoted  in  another  station  ;  and 
if  atonement  were  offered,  as  in  the  flagrant  instance  of  the  frigate  Ches- 
apeake, the  atonement  was  so  ungracious  in  thfe  manner,  and  so  tardy  in 
the  result,  as  to  betray  the  want  of  that  conciliatory  spirit,  which  ought 
to  have  characterized  it.| 

But  the  American  government,  soothing  the  exasperated  spir't  ui  the 

*  See  the  note  of  the  British  commissioners,  dated  the  Slat  of  Deeember,  1806.  See^ 
also,  the  answer  ol"  Messrs.  Monroe  and  Pinkiiey,  to  that  note. 

t  See   he  onler  in  council  of  J  nuary  7,  1807. 

i  See  the  evidence  of  there  facts  reported  to  congri'ss  in  November,  1806. _ 

See  the  documents  respecting  captain  Love,  f  the  Driver;  aad  captain  Whitby,  of  the 
Lc»  nder. 

See,  also,  the  correspondence  respecting  the  frigate  CJiesapeake,  with  ^tr.  Can- 
ning, at  Loudop ;  with  Mr.  Rote,  at  WKsbiaglOD  j  aad  with  Mr.  Erskinc,  at  WashiojtM.. 


i 


£0 


propio,  by  a  proclamniion,  Mliicli  iiitcnlirtei]  the  rtitrnnre  of  ail  Crilink 
uriiii'il  vi-.HMi'N,  iiitullu'  liiu'lior.i  iiml  watvrH  oi'llic  Uiiilnl  <^IuIi-m,*  lU'illier 
ciiiiiiiKMircil  |i(iHlilitif>*  iii^uiii'^t  (irctit  hritaiii;  nor  »i(iii^lit  n  di'i'rn<«ive  ul. 
litiiicf  with  Friiiico  ;  iitir  ifluxc.l  in  itH  tinn,  hul  ciiiiviliiitor},  ellorlii,  to 
ciitW(^t>  ihr  chitniH  oCJiiHticis  upon  lh<-  honor  ft'  holli  nulionH. 

'I'liK  riviil  aniliii  fin  (ti  (iri'Hl  liri'"Mi  and  I'rancc.   now,   however,  Hp> 
proHehftl  the  ronsuniiniition    "' '  .nvolviii^  the  deslruelion  ol'uil  neii« 

trai  ri^htN,  upon  an  n vowed  p  ,,10  of  aelion,  roiild  not  fail  to  render 
an  aetiial  Htate  of  war,  eoinpanitively,  more  Male,  iind  more  proHperons, 
thai)  the  iinui^in.iry  nlalc  of  praee,  to  whieh  neutrals  were  reduced.  Tho 
Just  and  impartial  eondnet  ot  a  ueulral  nation.  eea<*ed  to  he  its  shield,  and 
itM  Haf-^iiani,  when  the  eonduet  of  tlie  helli^i-renl  |)ow'vrH,  toward  each 
other,  hecamo  the  onlr  eriterion  of  the  law  of  war.  The  wront;  com- 
mitted by  one  of  the  liellit^erent  powers,  was  tiina  made  (he  sii^ntJ,  for 
the  perpetration  of  a  greater  wnmi;  by  the  other  ;  and  if  the  Ameri- 
can government  complained  to  both  powers,  their  answer,  ultliouG;li 
it  never  denied  the  causes  of  complaint,  invariably  retorted  an  idle 
and  oftensive  inquiry,  into  the  priority  of  their  rc'^pective  ag(»rP8- 
sions  ;  or  each  demnfiiled  a  course  of  resistance,  a:j;ainst  its  antaj^oiiist, 
which  was  calculated  to  prostrate  the  American  rii^ht  of  self-i;overn- 
roeiil,  and  to  coerce  the  United  States,  against  their  interest  and  their 
policy,  into  becomiui;  an  associate  in  the  war  Hut  the  American  gov- 
ernment never  did,  and  never  can,  admit,  that  a  belligerent  power,  *>in  (ak- 
int;  steps  to  restrain  the  violence  of  its  enemy,  and  to  retort  upon  them  the 
evils  of  their  own  injustice,'''!  is  entitled  to  disturb,  and  to  destroy,  the 
ric^lits  of  a  neutral  power,  as  recn^ni/ed  and  established,  by  the  law  of  na- 
tions. It  was  impossible,  indeed,  that  the  real  features  of  the  miscalled 
retaliatory  system,  should  he  lon^  masked  from  the  world  ;  when  Great 
Britain,  even  in  her  acts  of  professed  retaliation,  declared,  that  Franco 
was  nnahic  to  execute  the  hostile  denunciations  of  her  decrees  i\  and 
when  Great  Britain  herself  unb'iishin^ly  entered  into  the  same  com- 
merce with  her  enemy  (throiis;h  the  medium  of  forgeries,  perjuries,  and 
licences)  from  whieh  she  had  interilieted  uiiofl'eodini;;  neutrals.  The 
pride  of  naval  superiority  ;  and  the  cravings  of  commercial  monopoly; 
jcave,  after  all,  the  im|iulse  and  din-etion  to  the  councils  of  the  British 
(*al)inet ;  while  the  vast,  although  visionary,  projects  of  France,  furnish- 
ed occasions  and  pretexts,  for  aceomplishini^  I  he  olijccts  of  those  councils. 

The  Britisii  minister,  resident  at  Wasbini^ton,  in  the  year  18O4.  hav- 
ing distinctly  reeoa;r,ize<l,  in  the  name  of  his  sovereii^n,  the  les;itimate 
priueiples  of  liloekade,  the  American  t^overnment  received,  with  some 
surprise  and  solicitude,  the  succfssive  iiotifientions,  of  the  9th  of  August, 
1804,  the  8tli  of  April,  iSOfi,  and.  more  particularly,  of  the  !6th  of  May, 
ISOR,  anno'ineins;,  by  the  last  nofilication,  ''a  Id-ickade  of  the  coast,  riv- 
ers, and  ports,  from  the  river  Kibe  to  tlic  port  of  Brest,  both  inclnsive."§ 
In  none  of  the  notified  instances  of  bloeKade,  were  the  principles,  that 
had  bi>pn  reco£;nize«l  in  tSOt,  adopted  and  porsued  ;  and  it  will  be  recol- 
lected bv  all  Europe,  that  neither  at  the  time  of  the  Tiotitication  of  the 
ifith  of  Mav,  1806:  nor  at  the  time  of  excepting  the  pjibe  and  Kms, 
from  the  operation  of  that  notification  :||  nor  at  any  time  during  the  con- 
tinuanee  of  the  French  war.  was  there  an  adequate  naval  force,  actually 
applied  by  Great  Britain,  for  the  purpose  of  maintaining  a  blockade, 
from  the  rivvM*  Kibe,  to  the  port  of  Brest.  It  was,  then,  in  the  language 
of  the  day  "a  mere  paper  blockade ;''  a  manifest  infraction  of  the  law  of 

•  See  the  proclamation  of  tlie  2(1  of  July,  1807. 
t  '^fic  the  oi'dcrs  in  roiiDcil  of  the  7th  of  Jji'iiriry,   1807. 
i  See  the  orders  in  conncil  of  the  7th  of  .Tunusiry,  1807. 

^  See  Inr.l  U  irrowliy's  iiott;  to  Mf.  Monroe,  d;ite<t  tht-  9th  of  Anirnst,  1804  ;  anil  Mr. 
J'ox's  notes  to  Mr  Monroe,  dntoiI  rt'speetively  the  8lh  of  Vprii  ;ind  th.;  Ifith  of  May,  1806. 
\\  See  lord  llowlck's  note  to  Mr.  Monroe,  dated  the  25th  Sei)tember,  1S06. 


St 


ill  CriiUk 
♦,•  lU'illier 
irn«ivo  ul. 
I'llortii,  (n 

vcvcr,  np- 
ni  nil  lieu* 
I  t)>  reiiiliT 
io>i>|)t'riiiiN, 
n  (I.      Tho 
ilii)'l(l,  uiid 
tiinl    ench 
'out;    <*oin« 
jii^iiiJ,  for 
le   Ameri- 
ulllioiiG;h 
li  un    idJo 
re   ag^rps* 
inta^ontst, 
rH'-t^overn- 
I  uikI  their 
rican  gov- 
r,  "in  tak- 
n  (hem  the 
'Stroy,  the 
la^v  of  na- 
miscalleil 
Ihmi  Great 
lat  Franro 
•ees  :|  anil 
*ame  com- 
mies, and 
■als.      I'he 
inoiinpniy  ; 
he  liritish 
f,  I'urnish- 
c  cniMirilH. 
!804.  hnv- 
los;itimate 
with  some 
if  Aiii^nst, 
h  of  May, 
ioast,  riv- 
ip|iisive."§ 
iples,  that 
I  be  reeol- 
ion  of  the 
nnil    Kms, 
;  the  pon- 
>  actually 
blockade, 
language 
the  law  of 


I  i  and  Mr. 
Mny,  1806. 


aatinnH  ;  and  an  apt  nf  ppciiliar  injaotice  to  the  Unitpd  ^tatei,  a*  tha 
only  niMitrul  power,  agtiniAt  uliieli  it  conid  practieally  opprate.  tint 
whulever  nmv  have  bei'ii  the  itenMP  uf  the  Anu>rican  government  on  the 
oppiiMion  ;  uii'l  wliatever  might  be  (he  diApuniton,  to  avoid  making  tliiit 
the  ground  i>r  an  open  rupture  uilh  tireat  Britain,  the  eaue  aMumed  a 
eharupter  of  liie  higlient  intereitl,  when,  independent  of  itti  own  injuri- 
ouH  cohHiwpjenPi'rt.  Franee.  in  the  Berlin  decree  of  the  2tHi  of  Muvem- 
ber,  tH(Mt.  ri'rilfd,  ua  a  chief  cause  for  placing  the  Hritiitli  itilandH  in  a 
Htatc  of  blockade,  "that  (treat  Britain  dcciarea  blockaded,  placed  before 
wliicli  silie  liax  nut  a  Hingle  vesMel  of  war  ;  and  even  places,  which  her 
united  forcpH  would  be  incapable  nf  blockading ;  such  an  entire  coaxts, 
and  a  whole  empire  :  an  uiuMpiailed  abune  of  (iie  right  of  nlnekade,  that 
had  no  other  object,  titan  to  interrupt  the  cnnimnnicationH  of  different 
nations  :  and  ti»  extend  (he  commerce  and  induHlry  of  Kngland,  upon  the 
ruin  of  those  nations/  *  The  American  government  aims  not,  and  never 
has  aimed,  at  (he  justification,  either  of  Gre»l  Britain,  or  of  France,  in 
their  career  of  crimination  and  recriminatiim  :  but  it  is  of  some  impor- 
tance to  observe,  that  if  the  blockade  of  May,  IHon,  was  an  unlawful 
blockade,  and  if  the  right  of  retaliation  arose  with  the  first  unlawful 
attack,  made  by  a  belligtrent  power,  upon  neutral  righta.  Great  Britain 
has  yet  to  answer  to  mankind,  according  to  the  rule  of  her  own  acknowl- 
edgemeiil,  for  all  the  calamities  of  tlie  retaliatory  warfare.  France, 
whether  right,  or  wrong,  made  the  Brilihh  system  of  blockade,  the  foun- 
dation of  the  Berlin  decree  ;  and  France  had  an  eipial  right  with  O.  Brit- 
ain, to  demand  from  the  United  States,  an  opposition  to  every  encroach- 
ment upon  the  privileges  of  tlie  neutral  character.  It  is  enough,  how- 
ever, on  the  present  occasion,  for  the  American  government,  to  observe, 
that  it  possessed  no  power  to  prevent  the  framing  of  the  Berlin  decree, 
and  to  disclaim  any  approbation  of  its  principles,  or  acquiescence  in  its 
operations  :  for,  it  neither  belonged  to  Great  Britain,  nor  to  France,  to 
prescribe  to  the  American  government,  the  time,  or  the  mode,  or  the  de- 
gree, of  resistance,  to  the  indignities,  and  the  outrages,  with  which  each 
of  those  nations,  in  its  turn,  assailed  the  United  Stales. 

But  it  has  been  shown,  that  after  the  British  government  possessed  a 
knowledge  of  the  existence  of  the  Berlin  decree,  it  authorized  the  conclu- 
sion of  the  treaty  with  the  United  States,  which  was  signed,  at  London, 
on  the  3tst  of  December,  I80n,  reserving  to  itself  a  power  of  annulling 
the  treaty,  if  France  did  not  revoke,  or  if  the  United  States,  as  a  neutral 
power,  did  not  resist,  the  obnoxious  measure.  It  has,  also,  been  shotvn, 
that  before  Great  Britain  could  possibly  ascertain  the  determination  of  the 
United  States,  in  relation  to  the  Berlin  decree,  the  Orders  in  Council  of 
the  7th  of  January,  t8o7.  were  issued,  professing  to  be  a  tetaliation  against 
France,  "at  a  time  when  the  fleets  of  France  and  her  allies  were  them- 
selves confined  within  their  own  ports,  by  thesnperior  valor  and  discipline 
of  the  British  navy,"t  bnt  operating,  in  fact,  against  the  United  States, 
as  a  neutral  power,  to  prohibit  their  trade  "from  one  port  (o  another, 
both  which  ports  should  belong  to.  or  be  in  the  poesession  of.  France  or 
her  allies,  or  should  be  so  far  under  their  control,  as  that  British  vessels 
might  not  trade  freely  thereat. '*t  1-  remains,  however,  to  be  stated,  that 
it  was  not  until  the  IQth  of  March,  |807.  that  (he  Bri(ish  mini8(er,  then 
residing  at  Washington,  communicated  (o  the  American  government,  in 
the  name  of  his  sovereign,  the  Orders  in  Council  of  January,  1807,  with 
an  intimation,  that  stronger  measures  wouhl  be  pursued,  unless  the  United 
States  should  resist  (he  operations  of  the  Berlin  decree.:^  At  the  moment 
the  British  government  was  reminded,  "that  within  the  period  of  thosa 

"  Seethe  Rerlin  decree  of  the  Ql"   of  November,  1806. 

t  See  the  Order  in  Conncil  of  the  7tli  of  Januarv,  1807. 

+  See  Mr.  Erskine's  letter  to  tlie  seeretary  of  state,  dated  the  12th  of  Mareh,  1807. 


'^ 


ia 


creat  rvoiil.i,  hIih'Ii  roiititinnl  l*i  a|i;ilule  I'liiiopr,  iiulaiicc*  liiul  onMtrrril, 
III  vvliivh  the  nmnmerce  of  neiitrul  iiHtionH,  iiKire  vsperinlly  ot'tlu>  I'liiltMl 
yiatcit,  Imd  CKprrionred  (lie  arverfHt  iliHircHwcn  IVoiii  Kh  own  ordn-H  hiiiI 
ineaHUreH,  mniiircRdy  iiiiuiilliori/fil  Uy  tin*  law  of  imlioiiH ;  hnhii ranees 
were  siven,  'Mlinl  no  t:iil|in'tleiM'(iuie8ence  on  the  part  of  the  IJnilrd  Nintea 
wouia  render  them  aei'esHury  to  Ine  proeeediii^H  of  one  helligerent  nHtion, 
through  their  ri^lil*  of  nciilrulity,  agiiioHl  the  eoaimerceof  itiiadventui-}  ;" 
and  (he  right  of  Oreul  Britain  to  iNiiue  itiieh  ordern,  anleNS  as  ordi-rH  uf 
blockade,  to  be  enforced  according  tu  the  law  of  nations,  was  utterly  deni- 
ed.* 

This  candid  and  explicit  avowal  of  the  sentiments  of  the  American 
l^overnnient,  upon  an  oceauion,  so  novel  and  important  in  (he  history  of 
nations,  did  not,  however,  make  its  just  imprcsHion  upon  the  Hritiwh  cab- 
inet; for,  without  asttitj^ning  any  new  provocation  on  the  part  of  France, 
and  complaining;,  merely,  that  neutral  power**  had  not  been  induced  to 
interpose,  with  etfeet,  to  obtain  a  revoeatio )  of  the  Berlin  decree,  (which, 
however,  Great  Uritain  herself  had  hniruicd  to  lie  a  decree  nominal  and 
inoperative,)  the  orders  in  council  of  the  Itth  of  November,  18I)7.  were 
issued,  declaring,  'Mhat  all  the  ports  and  piaceH  of  France  and  her  allies, 
or  of  any  other  country  at  war  with  his  majesty,  and  all  other  ports  or 
places  in  Europe,  from  which  although  not  at  war  with  his  majesty,  the 
British  flag  was  exclude^l,  and  all  ports  or  filaces  in  the  colonies  (lelonging 
4o  his  majesty's  enemies,  should,  from  thenceforth,  be  subjcet  to  the  same 
restrictions,  in  point  of  trade  and  navigation,  as  if  the  same  were  actually 
blockaded  by  his  majesty's  naval  forces,  in  the  most  st'ict  and  rigorous 
manner  :"  that  ''all  trade  in  articles  which  were  the  prnduceor  manufac- 
ture of  the  said  countries  or  colonies,  should  be  deemed  and  considered  to 
be  unhiwful  :"  but  that  neutral  vessels  should  still  be  permitted  to  trade 
with  «.  ranee  from  certain  free  ports,  or  through  ports  and  places  of  the 
British  dominions. t  'I'o  accept  the  lawful  enjoyment  of  a  right,  as  the 
grant  of  a  superior  ;  to  prosecute  a  lawful  conmierce,  under  the  forms  of 
favor  and  indulgence;  and  to  pay  a  triluite  to  (ireat  Britain,  for  the 
privileges  of  a  lawful  transit  on  the  ocean;  were  concessions,  which  G. 
Britain  was  disposed,  insidiously,  to  exact,  by  an  appeal  to  the  cupidity 
of  individuals,  but  which  the  United  States  could  never  yield,  consintently 
with  the  independence  and  tiie  sovereignty  of  the  nation.  The  orders  in 
council  wer»,  therefore,  altered,  in  this  respect,  at  a  subsequent  period  ;^ 
hut  the  general  interdict  of  neutral  commerce,  applying  more  especially 
to  American  commerce,  \>ns  oh.itinately  maintained,  against  all  (lie  force 
of  reason,  of  remonstrance,  and  of  protestation,  employed  by  the  Ameri- 
can government,  when  the  subject  was  presented  to  its  consideration,  by 
the  British  minister  residing  at  Washington.  The  fact  assumed  as  the 
basis  of  the  orders  in  council,  was  unequivocally  disowned;  and  it  was 
demonstrated,  (hat  so  far  from  its  being  true,  "that  the  United  States 
had  acquiesced  in  an  illegal  operation  of  the  Berlin  decree,  it  was  not 
even  true,  that  at  the  date  of  the  British  orders  of  the  Itth  of  November, 
1807,  a  single  application  of  that  decree  to  the  commerce  of  the  United 
States,  on  the  high  seas,  cnuld  have  been  known  to  the  British  govern- 
ment ;"  while  the  British  government  had  been  officially  informed  by  the 
American  minister  at  London,  "that  explanations  uncontradicted  by  any 
overt  act,  had  been  given  to  the  American  minister  at  Paris,  which  justi- 
fied a  reliance,  that  the  French  decrue  would  not  be  put  in  force  against 
the  United  State8."§ 

The  British  orders  of  the  11th  of  November,  1807,  were  quickly  fol- 

•  See  tlie  secretnry  of  state's  letter  to  Mr  Erslcine,  datef!  the  20lli  of  March,  1807. 
■j"  See  the  orders  in  enuncil  of  the  lltli  of  November,  1807. 
+  See  Mr.  Canning's  letter  lo  Mr.  Pinkney,  23<1  February,  1808. 
§  Soe  Mr.  Erskine's  letter  to  the  secretary  of  state,  datc'fl  the  22d  of  Feb.  1808  ;  and 
the  answer  of  the  secretary  of  state,  dated  the  25ih  of  March,  1808. 


towed  by 
♦'which 
ous  syste 
dency  of 
**that  eve 
Hulimitte( 
or  should 
thereby, 
feilud  till 
crty,  HiH) 
were  pla< 
of  wh>i(e 
RiiiU  froii 
the  eoiiiil 
to  the  Ki 

be  :;>t'Ml 

abitigitte 
the  priiic 
tice  and 
as  to  t)iR 
seasiiigij 
Acted  |irt' 
siiiiil.ir  o 
claims  o 
in  extra> 

WHKh 

eftbe  11 

British  i 

ticipa(e(l 

fare,  woi 

The  eri> 

to  decide 

tial  wea 

the  mere 

active  w 

eiples  ai 

neutralil 

gression 

were  an 

be  Hi  gen 

of  war : 

impress! 

ance. 

and  desi 

and  exei 

France, 

the  ocei 

enemy. 

•nee.  b( 

return  < 

Tailed  i 

to  ntter 

and  its 

gation  < 

milled. 

denomi 

protect 

•See 


ad  ofciirrrtt, 
'till'  rnilcil 
oKirrH  Hiiil 
;  HitM II  ranees 
friilfd  .Miale« 
-'rent  iiHliun, 
mlver»m-j  ;" 
IS  urdiTH  of 
iitterljr  deni* 

c  American 
e  history  of 
HriliHh  rub- 

of  France, 
I  induced  to 
ree,  (which, 
luminal  ana 
1S(*7,   were 
d  her  allies, 
her  ports  or 
najesty,  the 
cs  lieionging 
to  the  same 
ere  actually 
ind  rii^oroug 
or  manufac- 
Muidered  to 
ed  to  trade 
aces  of  the 
i^ht,  as  the 
he  fornis  of 
in,  for  the 
uliieh  G. 
he  cupidity 
[>onsiHtently 
le  orders  in 
nt  period  ;| 
;  especially 
"  the  force 
the  Ameri- 
eralion,  by 
med  as  the 
and  it  was 
ited  8tates 
it  was  not 
November, 
the  United 
sh  govern- 
nied  by  the 
ted  by  any 

hich  justi- 
rce  against 

uickly  fol- 

rch,  1807. 


.  1808;  and 


23 

lowed  by  the  French  decree  of  Milan,  dutcd  the  iTth  of  Dcrombcr,  IHor, 
**whii'h  wan  said  to  be  reported  to,  only  in  jutt  relulialioii  of  the  barbar- 
ous syHtcni  adoiitcd  by  Knglund,'*  and  in  wbieh  the  denationalizing  ten- 
dency  of  the  orilers,  is  made  the  fiMindalion  of  ii  declaration  in  the  deerv.>e, 
''that  every  ship,  to  wbatuver  nation  it  might  belong,  that  should  have 
Hulimitled  to  be  searched  by  an  Knglisli  ship,  or  to  a  voyage  to  KnglaniK 
or  should  have  paid  any  tax  whatsoever  to  the  Knglish  government,  was 
(hereby,  and  fur  that  alone,  declared  to  be  denationalixed,  to  have  for- 
feiiu<l  the  protection  of  its  sovereign,  and  to  have  become  Knglish  prop- 
erty, Hiibjocl  to  capture,  us  good  and  lawful  prize  :  that  the  British  islands 
were  placed  in  a  ^late  of  blockade,  both  iiy  sea  aixl  laud  ;  and  every  ship, 
of  whiitever  uitioii,  or  whatever  the  nature  of  its  cargo  might  be,  that 
sails  from  the  ports  of  Kugland,  or  those  of  the  Knglish  colonies,  and  of 
the  count ricH  occupied  by  Knglish  troops,  and  proceeding  to  Kugland,  or 
to  the  Ku^iisb  colonies,  ur  to  countries  occupied  by  Knglish  troops,  should 
be  gii'>d  and  lawful  prize;  but  that  the  provisions  of  the  decree  should  be 
abrogiitt'd  and  null,  in  fact,  as  soon  a<i  the  Knglish  should  abide  again  by 
the  principles  of  the  law  of  nations,  whieh  are,  also,  the  principles  of  jus- 
tice and  honor."*  In  opposition,  however,  to  the  Milan  decree,  as  well 
as  to  the  llerlin  decree,  the  American  government  strenuously  and  un- 
seaiiiigly  employed  every  tnstrumcnl,  excenl  the  instruments  of  war.  It 
Acted  precisely  towards  France,  as  it  acted  tii'-y?*"'*  -Jreat  Britain,  on 
aiiuilur  occasiiins  ;  but  France  remained,  for  a  time,  as  insensible  to  the 
claims  of  Justice  and  honor,  as  (Jreat  ilrilain  ;  each  imitating  the  other, 
in  extravagance  of  pretension,  and  in  obstinacy  of  purpose. 

Whkn  the  American  government  received  intelligence,  that  (he  orders 
ef  the  I  llh  of  November,  1807,  had  been  under  the  consideration  of  the 
British  cabinet,  and  were  actually  prepared  for  promulgation,  it  was  an- 
ticipated, that  France,  in  a  zealous  prosecution  of  the  retaliatory  war- 
fare, would  soon  produce  an  act  of,  at  least,  equal  injustice  and  hostility. 
The  eriris  existed,  therefore,  at  which  the  United  States  were  compelled 
to  decide,  either  to  withdraw  their  ueafaring  citizens,  and  their  commer- 
cial wealth,  from  the  oeean,  or  to  leave  the  interests  of  the  mariner  and 
the  merchant  exposed  to  certain  destruction  ;  or  to  engage   in  open  and 
active  war,  for  the  protection  and  defence  of  those  interests.     The  prin- 
ciples and  the  habits  of  the  American  government,  were  still  disposed  to 
neutrality  and  peace.     In  weighing  the  nature  and  the  amount  or  the  ag- 
gressions, which  had  been  perpetrated,  or  which  were  threatened,  if  there 
were  any  preponderance  to  determine  the  balance,  against  one  of  the 
belligerent  powers,  rather  than  the  other,  as  the  object  of  a  declaration 
of  war ;  it  was  against  Great  Britain,  at  least,  upon  the  vital  interest  of 
impressment,  and  the  obvious  superiority  of  her  naval  means  ef  annoy- 
ance.    The  French  decrees  were,  indeed,  as  obnoxious  in  their  formation 
and  design  as  the  British  orders;  but  the  government  of  France  claimed 
and  exercised  no  right  of  impressment;  and  the   maritime  spoliations  of 
France,  were,  comparatively,  retricted,  not  only  by  her  own  weakness  ou 
the  ocean,  but  by  the  constant  and  pervading  vigilance  of  the  fleets  of  her 
enemy.     The  difficulty  of  selection  ;  the   indiscretion  of  encountering,  at 
•nee,  both  of  the  oifending  powers  ;  and,  above  all,  the  hope  of  an  early 
return  of  justice,  under  the  dispensations  of  the  ancient  public  law,  pre- 
Tailed  in  the  councils  of  the  American  government ;    and  it  was  resolved 
to  attempt  the  preservation  of  its  neutrality  and  its  peace;  of  its  citizens, 
and  its  resources ;  by  a  voluntary  suspension  of  the  commerce  and  navi- 
gation of  the  Uniteti  States.     It  is  true,  that  for  the  minor  outrages  oom- 
initied,  under  the  pretext  of  the  rule  of  war  of  1756,  the  citizens  of  every 
denomination  had  demanded  from  their  government,  in   the  year  1805. 
protection  and  redress  ;  it  is  true,  that  fur  the  unparalled  enormities  of  the 

*  See  the  Milao  decree  cF  the  17th  of  Deocmber,  1807. 


til 


year  1807,  tlie  citizens  of  every  denoiniiialion  again  demaniled  from  flicii* 
guvernniunt  protection  and  rcdregs:  but  it  is,  aUo,  a  truth,  conehiiiivoly 
estu'ilislied  by  every  manifestation  of  the  sense  of  the  American  people, 
as  iveli  as  of  their  government,  that  any  honorable  means  of  protection 
and  redress,  were  preferred  to  the  last  resort  of  arms.  I'he  American 
government  mi^^iit  honorably  retire,  for  a  time,  from  th  *  seene  of  conflict 
and  collision;  but  it  could  no  longer,  with  honor,  permit  its  fldi;  to  be 
insulted,  its  citizens  to  be  enslaved,  and  its  property  to  be  plundered,  on 
the  hiu;hway  of  nations. 

Undkr  these  impressions,  the  restrictive  system  of, the  United  States 
was  introduced,  in  December,  1807,  an  embargo  was  imposed  upon  ail 
American  vessels  and  merchandise;*  on  principles  similar  to  (linse^ 
>vhieh  originated  and  regulated  the  embargo  law,  autiiorii^ed  to  be  laid  by 
the  President  of  the  United  .States,  in  the  year  1794- :  but  s\)on  afterwards 
in  the  genuine  spirit  of  the  policy,  that  prescribed  the  mcusure,  it  was 
declared  by  law,  'that  in  the  eve-it  of  sueli  peace,  or  suspension  of  hos- 
tilities, between  the  belligerent  povvers  of  Eiirt)pe,  or  such  changes  in 
their  measures  affecting  neutral  commerce,  as  might  render  that  of  the 
United  States  safe,  in  the  judgment  of  the  Hresidi-nt  of  the  United  States, 
he  was  authorized  to  suspend  tiie  embargo,  in  whole,  or  in  part/'t  The 
pressure  of  the  embargo  was  thought,  however,  so  severe  npop.  every  part 
of  the  community,  that  the  American  government,  notwithstanding  the 
neutral  character  of  the  measure,  determined  upon  some  relaxation  ;  and, 
accordingly,  the  embargo  being  raised,  as  to  all  other  nations,  a  system  of 
non-intercourse  and  non-importation  was  substituted  in  March,  t809.  as 
to  Great  Britain  and  France,  which  prohibited  all  voyages  to  the  British 
or  French  dominions,  and  all  trade  in  articles  of  British  or  French  product 
or  manufacture.^  But  still  adhering  to  the  neutral  and  pacific  policy  of 
the  government,  it  was  declared,  *'that  the  President  of  the  United  States 
should  be  authorized,  in  case  either  France,  or  Great  Britain,  should  so 
revoke,  or  modify,  her  edicts,  as  that  they  should  cease  to  violate  the 
neutral  commerce  of  the  United  States,  to  declare  the  same  by  proclama- 
tion ;  after  which  the  trade  of  the  United  States  might  be  renewed  with 
the  nation  so  doing.''§  These  appeals  to  the  justice  and  the  interests  of 
the  belligerent  powers  proving  ineftectnal :  and  the  necessities  of  th» 
country  increasing,  it  was  finally  resolved,  by  the  American  government, 
to  take  tlie  hazards  of  a  war;  to  revoke  its  restrictive  system  ;  and  to  ex- 
clude Britisli  and  French  armed  vessels  from  the  harbors  and  waters  of 
the  United  States  ;  but  again,  emphatically  to  announce,  "that  in  ease 
either  Great  Britain  or  France  should,  before  the  3d  of  March,  1811.  so 
revoke,  or  modify,  her  edicts,  as  that  they  should  cease  to  violate  the 
neutral  commerce  of  the  United  States  ;  and  if  the  other  nation  should 
not,  within  three  months  thereafter,  so  revoke,  or  modify,  her  edicts,  in  like 
manner,"  the  provisions  of  the  non-intercourse  and  nnn-imp(»rtation  law 
should,  at  the  expiration  of  three  mouths,  be  revived  against  the  nation 
refusing,  or  neglecting,  to  revoke,  or  modify,  its  edict. || 

In  the  course,  which  the  American  government  had  hitherto  pursued, 
relative  to  the  belligerent  orders  and  decrees,  the  candid  foreigner,  as  well 
tts  the  patriotic  citizen,  may  perceive  an  extreme  solicitude,  for  the 
preservation  of  peace  ;  but,  in  the  publicity,  and  impartiality,  of  the  over- 
ture, that  was  thus  spread  hefire  the  belligerent  powers,  it  is  impossible, 
that  any  indication  slionid  be  found,  of  foreign  influence  or  control.  The 
overture  was  urged  upon  both  nations   for  acceptance,   at  the  same  time. 

•  Si'C  the  act  of  congress,  passpfl  (lie  22'1  of  Dccernl»ep,  1807. 

I  See  tlie  act  of  coiiRruss   pussed  tin-  Q'iil  o'  April,  1808 
See  itie  act  ofcnngress,  passeil  the  first  <I«t  of  Vlaixh,  t809. 
$  See  tht   lllh  section  of  tjie  l:ist  citi'(l  !tc»  of  congress.  f  - 

y  See  the  act  of  congress,  passed  the  1st  of  M»y,  1810. 


'a\  from  tlioir' 
concitHivotv 

• 

can  peojtle, 
f  protection 
e  American 
le  uf  conflict 
i  fldi;  to  be 
lundered,  on 

United  States 
ted  upon  all 
iir  tu  (hose, 
to  be  laid  by 
n  afterwards 
Mure,  it  »as 
mion  of  hos- 
changfs  in 
that  of  the 
nited  States, 
art/'t  The 
IP.  every  part 
standing  the 
xation ;  and, 
i,  a  system  of 
ch,  t809.  as 

0  the  British 
ench  product 
iific  policy  of 
Jnited  Stales 
n,  should  so 

violate   the 

)y  prociama- 

newed  with 

nterests  of 

•iities  of  tha 

j»overninent, 

;  and  to  ex- 

d  waters  of 

I at   in    case 

cb,  1811. so 

1  violate  the 
tlion  sliould 
diets.,  in  like 
rtation   law 

the   nation 

•to  pursued, 
^ner,  as  well 
ude,  for  th« 
of  the  over- 
impossible, 
ntrol.  The 
)  same  time. 


£5 

and  in  the  same  manner;  nor  was  an  intimation  withlield,  frooi   either  off 
them,  that   '"it  might  be   regarded  by  tlie  belligerent  first  accepting  it,  as 
a  promise  to  itself,  and  a  warning  to  its  enemy/'*     Each  of  the  nations, 
from  the  commencement  of  the  retaliatory  system«  acknowledged,  that  its 
measure^)  were  violations  of  public  law  ;  and  each  pledge^l  itself  to  retract 
them,  whenever  the  other  should  set  the  exauiple.f     Although  the  Amer- 
ican government,  therefore,  persisted  in  its   remonstrances  against  the 
original  transgressions,  without  regard  to  the  question  of  their  priority,  it 
eml>raced,  will)  eagerness,  every  hope  of  recuncilitig  the  interests  of  the 
rival  powers,  with  a  performance  of  the  duty  which  they  owed  to  the  neu- 
tral character  of  the  United  .States  :  and  when  the  British  minister,  re- 
siding at  Washington,  in  the  year  1809,  aHirmed,  in   terms  as  plain,  and 
as  pt.  iitive,  as  language  could  sujiply,  '^that  he  was  authorized  to  declare, 
that  his  Britannic  majesty's  orders  in  council  of  January  and  Nov.  1807, 
will  have  been  withdrawn,  as  respects  the  United  States,  on  the  loth  day 
of  June,  1809,"  the  President  of  the  United  States   hastened,  with  ap- 
proved liberality,  to  accept  the  declaration  as  conclusive  evidence,  that 
the  promised  faet  would  exist,  at  the  stipulated  period  ;  and,  by  an  im- 
mediate proclamation,  he  announced,  ''that  after  the  10th  day  of  June 
next,  the  trade  of  the  United  States  with  Great  Britain,  as  suspended  by 
the  non-intercourse  law,  and  by  the  acts  of  Congress  laying  and  enforcing 
an  embargo,  might  be  renewed.":}:    The  American  government  neither 
asked,  nor  received,  from  the  British  minister,  an  exemplification  of  his 
powers  ;  an  inspection  of  his  instructions  ;   nor  the  solemnity  of  an  order 
incunncii;   but  executed  the  compact,  on  the  part  of  the  United  States, 
in  all  the  sincerity  of  its  own  intentions  ;  and  in  all  the  confidence,  which 
the  ntilicial  act  of  the  representative  of  his  Britannic  majesty,  was  calcu* 
lated  to  inspire.     The  act,  and  the  authority  for  the  act,  were,  however, 
disavowed  by  Great  Britain ;  and  an  attempt  was  made,  by  the  successor 
of  Mr.  Krskine,  through  the  aid  of  insinuations,  which  were  indignantly 
repulsed,  to  justify  the  British  rejection  of  the  treaty  of  1809,"  by  leferr- 
ing  to  the  American  rejection  of  the  treaty  of  taofi;  forgetful  ol'  the  es- 
sential points  of  difterence,  that  the  British  governnu'Mt,  on  the  former 
occasion,  had  been  explicitly  apprized  by   the    American    negotiators  of 
their  defect  of  power  ;  and  that  the  execut'on  of  the  projected  treaty  had 
not,  on  either  side,  been  commenced. § 

Aftkr  this  abortive  attempt  to  obtain  a  just  and  honorable  revocation 
of  the  British  orders  in  council,  the  United  States  were  again  invited  to 
indulge  the  hope  of  safety  and  tranquillity,  when  the  minister  of  France 
announced  to  the  American  minister  at  Paris,  that,  in  «onsideratiou  of  the 
act  of  the  first  of  May,  1809,  by  which  the  congress  of  the  United  States 
"engaged  to  oppose  itself  to  that  one  of  the  belligerent  powers,  wliic'i 
should  refuse  to  acknowledge  the  rights  of  neutrals,  he  was  authorized  to 
declare,  that  the  decrees  of  Berlin  and  Milan  were  revoked,  and  that 
after  the  1st  of  November,  1810,  they  would  cease  to  have  etteet  ;  it 
being  understood,  that  in  consequence  of  that  declaration,  the  English 
should  revoke  their  orders  in  council,  and  renounce  the  new  principles  of 
blockade,  which  they  had  wislied  to  establish  :  or  that  the  United  States, 
conformably  to  the  act  of  congress,  should  cause  their  rights  to  bp  res- 
pected by  the    English. "||     This  declaration,  delivered   by  the   oft'icial 

*  See  the  correspondence  between  the  secretary  of  state,  anil  the  American  ministers 
at  London  and  Paris. 

f  See  llie  documents  laid  before  Congress  from  time  to  time  by  the  President,  and 
printed. 

+  See  the  correspondence  between  Mr.  Erskine,  the  British  mir.istrr  nndthc  serreta- 
ry  of  state,  on  the  17th,  18th,  and  19th  of  April,  1809;  and  the  I'rcsidem'i  i>roi:lnniiition 
of  t lie  last  date. 

§  See  the  correspondence  between  the  secretary  of  state,  and  Mr.  Jackson,  the  British 
minister. 

II  See  the  duke  deCadore's  letter  to  Mr.  ArmStront?,  ditcd  the  Sih  of  Ang'isl,  18:0. 
4 


2fl 


f,* 


9 


H 


6rj»an  of  the  government  of  France,  and  in  the  prescnee,  as  it  were,  of 
the  French  sovereign,  was  of  the  highest  anlhorily,  acconliiii;  to  uii  the 
rules  of  diplomatic  intercourse  ;  and,  certainly,  far  surpaxscd  any  claim 
of  credence,  which  was  possessed  by  the  British  minister,  residing  a<i 
Washington,  when  the  arrangement  of  the  year  1801),  was  accepted  and 
executed  by  the  American  government.  The  president  of  the  United 
States,  therefore,  owed  to  the  consistency  of  his  own  character,  an^j  to 
the  dictates  of  a  sincere  impartiality,  a  prompt  acceptance  of  the  French 
overture  :  and,  accjrdingly,  the  authoritative  promise,  that  the  fact  should 
exist,  at  the  slipiilted  period,  being  again  admitted  as  conclusive  evidence 
of  its  existence,  a  proclamation  was  issued  on  the  id  of  November,  1810, 
announcing,  ''that  the  edicts  of  France  had  been  so  rov(tked,  as  that 
they  ceased,  on  the  1st  day  of  the  same  month,  to  violate  the  neutral 
comm'Tce  of  the  United  States  ;  and  tliat  all  the  restrictions  imposed  by 
the  act  of  congress,  sho'.ld  then  cease  and  be  discontinued,  in  relation  to 
France  and  her  dep'-ndencies  "*  That  France,  from  this  epoch,  refrain- 
ed from  all  aggressions,  on  the  high  seas,  or  even  in  her  own  ports,  upon 
the  persons  and  the  property  of  the  citizens  of  the  United  Slates,  never 
was  asserted  ;  but.  on  the  contrary,  her  violence  and  her  spoliations  have 
been  unceasing  causes  of  complaint.  These  subsequent  injuries,  consti- 
tuting a  part  of  the  existing  reclamations  of  the  United  States,  were 
always,  however,  disavowed  by  the  French  government ;  whilst  the  repeal 
of  the  Berlin  ami  Milan  decree  has,  on  every  occasion,  been  affirmed  ; 
insomuch  that  fireat  Britain  herself  was,  at  last,  compelled  to  yield  lo  the 
evidence  of  the  fact. 

On  th^  expiration  of  three  months,  from  the  date  of  the  president's 
proclamation,  the  non-intercourse  and  non-importation  law  was,  of  course, 
to  be  revived  against  Great  Britain,  unless,  during  that  period,  her  or- 
ders in  council,  slionid  be  revoked.  The  subject  was,  therefore,  most 
anxiously,  and  most  steadily,  pressed  npon  the  justice,  and  the  magna- 
nimity, of  the  British  government  ;  and  even  when  the  hope  of  success 
expired,  by  the  lapse  of  the  period  prescribed  in  one  act  of  congress,  the 
United  States  opened  the  door  of  reconciliation  by  another  act,  which, 
in  the  year  1811,  again  provided,  that  in  case,  at  any  time,  "Great  Brit- 
ain should  so  revoke  or  modify  her  edicts,  as  that  they  shall  cease  to  vio- 
late the  neutral  commerce  of  the  United  States,  the  President  of  the 
United  States  should  declare  the  fact  by  proclamation  ;  and  that  !he 
restrictions,  previously  imposed,  should  from  the  date  of  such  procla- 
mation, cease  and  be  discontinued. "t  But  unhappily,  every  appeal  to 
the  justice  and  magnani^uity  of  Great  Britain  was  now,  as  heretofore, 
fruitless  and  forlorn.  She  had,  at  this  epoch,  impressed  from  the  crews 
of  the  American  merchant  vessels,  peaceably  navigating  the  high  seas, 
not  less  than  six  thousand  mariners,  who  claimed  to  be  citizens  of  the 
United  States,  and  who  were  denied  all  opportunity  to  verify  their 
claims.  She  had  seized  and  confiscated  the  commercial  property  of 
American  citizens,  to  an  incalculable  amount.  She  had  united  in 
the  enormities  of  France,  to  declare  a  great  proportion  of  the  terra- 
queous glob?  in  a  state  of  blockade  ;  chasing  the  American  merchant 
flag  etfoetually  from  the  ocean.  She  had  contemptuously  disregarded 
the  neutrality  of  the  American  territory,  and  the  jurisdiction  of  the 
American  laws,  within  the  waters  and  harbors  of  the  United  States. 
She  was  enjoying  the  emoluments  of  a  surreptitious  trade,  stained  with 
every  species  of  fraud  s.nd  corruption,  v\hieh  ga%'e  to  the  belligerent 
powers,  the  advantages  of  pi^aec,  while  the  neutral  powers  were  involv- 
ed in  the  eviU  of  war.  She  had,  in  short,  usurped  and  exercised,  on  the 
water,  a  tyranny  similar  to  that,  which  her  jjreat  antagonist  had  usurped 


ary, 


•  See  (lie  presiflcnt's proclamation,  of  the  2(1  of  NoTember,  1810. 
-^'  See  theaut  of  congress,  fussed  tltc  2d  of  March,  1811. 


27 


it  were,  of 
li;  to  ail  tiie 
<J  any  claio» 
residing  i\% 
iccepted  and 
llie  United 
eter,  an^  to 
r  the  French 
e  fact  should 
ive  evidence 
!ml)er,  1810, 
ie^l,  an  that 
the  neutral 
i  imposed  lij 
n  relation  to 
((('li.  refrain- 
ports,  upon 
States,  never 
hit  ions  have 
ries,  consti- 
pates, were 
st  the  repeal 
•n  affirmed  ; 
)  yield  lo  the 

;  president's 
IS,  of  course, 
od,  her  or- 
•efore,  most 
the  nia^na- 
;  of  success 
iongress,  the 

act,  which, 
"Great  Brit- 
lease  to  vio- 
dent  of  the 
nd  that  Ihc 
iuch  prucla- 
"y  appeal  to 
1  heretofore, 
m  the  crews 
!  high  seas, 
izens  of  tho 
verify  their 
property  of 
1  united  in 
if  tlie  terra- 
in merchant 
disre  awarded 
ction  of  the 
tilted  'States, 
stained  with 

helligerent 
tvere  involv- 
;ised,  on  the 
had  usurped 


and  exercised  upon  the  land.  And,  amidst  all  these  proofs  of  ambition 
and  avarice,  she  demanded,  that;,  the  victims  of  her  usurpations  and  her 
vioi«Mice,  hhould  revere  her  a»  the  sole  defender  of  the  rights  and  liberties 
of  inaMkinil. 

When,  therefore.  Great  Britain,  in  manifest  violation  of  her  solemn 
promises,  refused  to  follow  the  exf^mple  of  France,  by  the  repeal  of  her 
orders  in  council,  the  American  government  Mas  compelled  to  contemplate 
a  resort  to  arms,  as  the  only  remaining  course  to  be  pursued,  for  its 
honor,  its  independence,  and  its  safety.  Whatever  depended  upon  the 
United  States  themselves,  the  United  States  had  performed,  for  the  pres- 
ervation of  peace,  in  resistance  of  the  French  decrees,  as  well  as  of  the 
British  orders.  What  had  been  required  from  France,  in  its  relation  to 
the  neutral  character  of  the  United  States,  France  had  performed,  by  the 
revocation  of  its  Berlin  and  Milan  decrees.  But  what  depended  upon 
Great  Britain,  for  the  purposes  of  justice,  in  the  repeal  of  her  orders  in 
council,  was  withheld  ;  and  new  evasions  were  sought,  when  the  old 
were  exhausted.  It  was,  at  one  time,  alleged,  that  satisfactory  proof  was 
not  aftbrded,  that  France  had  repealed  her  decrees  against  the  commerce 
of  the  United  Sates  ;  as  if  such  proof  alone  were  wanting,  to  ensure  the 
performance  of  the  British  promise.*  At  another  time,  it  was  insisted, 
that  the  repeal  of  the  Frenee  decrees,  in  their  operation  against  the  Uni- 
ted Slates,  ill  ..  Jer  to  authorize  a  demand  for  the  performance  of  the 
British  proiuise,  must  be  total,  applying  equally  to  their  internal,  and 
their  external  ettects  ;  as  if  the  United  States  had  either  the  right,  or 
the  power,  to  impose  upon  France  the  law  of  her  domestic  institutions.! 
And  it  was.  finally,  insisted,  in  a  despatch  from  lord  Castlereagh,  to  the 
British  minister,  residing  at  Washington,  in  the  year  1812,  which  was 
otlieially  communicated  to  the  American  government,  "that  the  decrees 
of  Berlin  and  Milan  must  not  be  repealed  singly  and  specially,  in  relation 
to  the  United  States  ;  but  must  be  repealed,  also,  as  to  all  other  neutral 
nations  ;  and  that  in  no  less  extent  of  a  repeal  of  the  French  decrees, 
had  the  British  government  ever  pledged  itself  to  repeal  the  orders  in 
council  :"|:  as  if  it  were  incumbent  on  the  United  Stales,  not  only  to 
assert  her  own  rights  but  to  become  the  coadjutor  of  the  British  govern- 
ment, in  a  gratuitous  assertion  of  the  rights  of  all  other  nations. 

The  congress  of  the  United  States  could  pause  no  longer  Under  a 
deep  and  alllicting  sense  of  the  national  wrongs,  and  the  national  re- 
«entments  ;  while  they  "postponed  definitive  measures  with  respect  to 
France,  in  the  expectation  that  the  result  of  unclosed  discussions,  be- 
tween the  American  minister  at  Paris,  and  the  French  government,  would 
speedily  enable  them  to  decide,  with  greater  advantage,  on  the  course 
due  to  the  rights,  the  interests,  and  the  honor,  of  the  country  ;"§  they 
pronoiiuced  a  deliberate  and  solemn  declaration  of  war,  between  Great 
Britain,  and  the  United  States,  oii  the  18th  of  June,  1812. 

But,  it  is  in  the  face  of  all  the  facts,  which  have  been  displayed,  in 
the  present  narrative,  that  the  prince  regent,  by  his  declaration  of  Janu- 
ary, 1813,  describes  the  United  States  as  the  aggressor  in  the  war.  If 
the  act  of  declaring  war,  constitutes,  in  all  cases,  the  act  of  original  ag- 
gression, the  United  States  must  submit  to  the  severity  of  the  reproach : 
but  if  the  act  of  declaring  war  may  be  more  truly  consideved,  as  the  result 
of  long  suffering,  and  necessary  self-defence,  the  American  government 
will  stand  acquitted,  in  the  sight  of  Heaven,  and  of  the  world.  Have 
the  United  States,  theO)  enslaved  the  subjects,  confiscated  the  property, 

•  See  the  correspondence  between  Mr.  Pinkney  tnd  the  British  government. 

t  See  tlie  letters  of  Mr,  Erskiiie. 

i  See  the  correspondence  between  the  secretary  of  state,  and  Mr  Foster,  the  Brit- 
ish mil  icter,  in  June,  1812. 

§  Seethe  president's  nnessageof  thelst  of  June,  1812;  and  the  report  of  the  commit- 
tee of  foreign  relations,  to  wtiom  the  message  was  referred. 


i¥' 


88 

prosi rated  tlifi  commerce,  iiisnlteJ  tlie  flai;,  or  violated  (he  territorial 
sovureii^iity,  ol'  Oreat  Jiritaiii  ?  No  :  but,  in  all  these  respects,  the  United 
Statex  liad"  suttered,  for  a  Ions;  period  ol' years,  previously  (o  (lie  declara- 
tion of  war,  the  contumely  und  outrage  of  the  Jiritish  t:;overnmint.  It 
has  been  said  too,  as  an  aggravation  of  the  imputed  aggression,  that  tho 
United  States  chose  a  period,  f(»r  their  declaration  of  war,  « lien  Great 
Britain  was  struggling  for  her  own  existence,  against  a  power,  which 
threatened  to  overthrow  the  independence  of  all  Europe;  but  it  might  be 
more  truly  said,  that  the  United  States,  not  acting  upon  choice,  but  upon 
cuiiipulsiim,  delayed  the  declaration  of  war,  until  I  ho  persecutions  of  Great 
Britain  had  rendered  further  delay  destructive  and  disgraceful.  Great 
Britain  had  converted  the  commercial  scenes  of  American  opulence  and 

{)rospi'rily,  into  scenes  of  ccnnpa.-alive  poverty  and  distress;  she  had 
irouglit  the  existence  of  the  United  Stales,  as  an  independent  nation,  into 
question:  anil,  surely,  it  must  have  been  indifferent  to  the  United  Slates, 
whetlier  they  ceased  to  exist  as  an  indepciidi  nt  nation,  by  her  conduct, 
V  hile  she  professed  friendship,  or  by  Ii<m'  conduct,  when  she  avowed  enmity 
and  re  eiige.  Nor  is  it  true,  that  tin.'  existence  of  G.  IJrilain  was  in  dan- 
ger. uJ  the  epoch  of  the  declaratittn  of  war.  The  American  government 
uiiiformly  entertained  an  opposite  opinion  ;  and,  at  all  times,  saw  more  to 
apprehend  for  the  United  States,  from  her  maritime  power,  than  from  the 
territorial  power  of  her  enemy.  The  event  has  justified  the  opinion,  and 
the  apprehension.  But  what  the  United  Stales  asked,  as  essential  to  their 
^velfare,  and  even  as  beneficial  to  the  allies  of  Great  Britain,  in  the  Eu- 
ropean war.  Great  Britain,  it  is  manifest,  might  have  granted,  without 
impairing  tlie  resources  of  her  own  strength,  or  the  splendor  of  her  own 
sovereignty ;  for.  her  orders  in  council  have  been  since  revoked ;  not,  it 
is  true,  as  the  performance  of  her  promise,  to  follow  in  this  respect,  the 
example  of  Erance,  since  she  finally  rested  the  oliligationof  that  promise, 
upon  a  repeal  of  the  French  decrees,  as  to  all  nations:  and  the  repeal 
was  only  as  to  the  United  States  :  nor  as  an  act  of  national  justice  to- 
wards tiie  United  States;  hut,  simply,  as  an  act  of  domestic  policy,  for 
the  special  advantage  of  her  own  people. 

Thk  British  government  has,  also,  described  the  war,  as  a  war  of 
aggrandi/ement  and  conquest,  on  ;he  part  of  the  iJnited  States ;  but, 
where  is  the  foundation  for  the  charge.^  While  the  American  government 
employed  every  means,  to  dissuade  the  Indians,  even  those  who  lived 
within  the  territory,  and  were  supplied  by  the  boiinly,  of  the  United 
States,  from  taking  any  part  in  the  war,*  the  proofs  were  irresistible, 
that  the  enemy  pursued  a  very  difterent  course  :t  and  that  every  precau- 
tion \»ould  be  necessary,  to  prevent  the  efibcts  of  an  offensive  alliance, 
belween  the  British  troops  ami  the  sava,;i;es,  throughout  thr  northern  fron- 
tier of  the  United  States.  The  mililary  oeciipation  of  Upper  Canada 
was,  therefore,  deemed  indispensalile  to  the  safety  of  that  frontier,  in  the 
earliest  movements  of  the  war,  independeiU  of  all  views  of  extending  the 
territorial  boundary  of  the  United  Stales.  But,  when  war  was  declared, 
in  resentment  for  injuries,  whicli  had  been  suffered  upon  the  Atlantic, 
what  principle  of  public  law,  what  modification  of  civilized  warfare,  im- 
posed upon  the  United  States,  the  duty  of  abstaining  from  the  invasion  of 
the  Tanadas  .^  It  was  there  alone,  that  the  United  States  could  place 
themselves  upon  an  equal  footing  of  military  force  with  Great  Britain; 
and  it  was  there,  thct  they  mighl  reasonably  encourage  the  hope  of  being 
able,  in  the  prosecution  of  a  lawful  retaliation,  "to  restrain  the  violence 
of  the  enemy,  and  to  retort  upon  him,  the  evils  of  his  own  injustice." 

•  See  the  procce(linj!;s  at  the  councils,  hcM  with  the  Indians,  during  the  expedition  un- 
der hrlfj.  gen.  Hull ;  and  the  talk  iltliverefl  by  the  president  of  ttie  United  States,  to  th^ 
Six  Nations,  at  VV(i-l)iiij;toii,  Sth   April,  181.3. 

t  See  the  docum«nt8  laid  bt-l'uie  congress,  13th  Juuei  ISl^t 


le  ttM'i-ilorial 
,  the  UiiiU'd 

I  lie  (k'clani- 
M-iinifiit.  It 
on,   that  (ho 

«ht'ii  Great 
ower,  which 
t  it  mi^ht  b(.'. 
ce,  but  upon 
nns  of  Great 
bl'iil.  Great 
•piilencc  and 
s :    she  had 

nation,  into 
nited  Slates, 
ler  eonduet, 
owed  enmity 

was  in  dan- 

govcrnment 
saw  more  to 
lan  from  the 
Dpinion,  and 
itial  to  their 
,  in  the  En- 
ed,  without 
r  of  her  own 
ked  5  not,  it 
respeet,  the 
"lat  promise, 
the  repeal 

justice  to- 

policy,  for 

fis  a  war  of 
tates;  bnt, 
government 
!  who  lived 
the  United 
irresistible, 
ery  precau- 
e  alliance, 
rthern  fron- 
ler  Canada 
ntier,  in  the 
tending  the 
as  declared, 
le  Atlantic, 
warfare,  im- 
invasion  of 
::on]d  place 
sat  Britain ; 
pe  of  being 
he  violence 
1  injustice.'* 

;xpec1ition  un- 
States,  to  th^ 


I 


S9 

The  proclamations  issued  by  the  American  commanders,  on  entering  Up- 
per Canada,  have,  however,  been  adduced  by  the  British  negotiators  at 
Ghent,  as  the  proofs  of  a  spirit  of  ambition  and  aggrandizement,  on  the 
part  of  their  government.  In  truth,  the  proclamations  were  not  only  un- 
ituthorixed  and  disapproved,  but  were  infractions  of  the  positive  instruct- 
ions, which  had  been  given,  for  the  conduct  of  the  war  in  Canada.  When 
the  general,  commanding  the  north  western  army  of  the  United  States, 
received,  on  the  24th  of  .Tune,  1812,  his  first  authority  to  commence  offen- 
sive operations,  he  was  especially  told,  that  ^*he  must  not  consider  him- 
self authorized  to  pledge  the  government  to  the  inhabitants  of  Cam^da, 
further  than  assurances  of  protection  in  their  persons,  property  anti 
rights."  And  on  the  ensuing  1st  of  August,  it  was  emphatically  declared 
to  him,  'Mhat  it  had  become  necessary,  that  he  should  not  lose  sight  of 
the  instructions  of  the  24th  of  June,  as  any  pledge  beyond  that,  was  in- 
compatible with  the  views  of  the  government  '**  Such  was  the  nature  of 
the  charge  of  American  ambition  and  aggrandizement,  and  such  the  evi- 
dence to  support  it. 

The  prince  regent  has,  however,  endeavored  to  add,  to  these  unfound- 
ed accusations,  a  stigma,  at  which  the  pride  of  the  American  governmiiit 
revolts.  Listening  to  the  fabrications  of  British  emissaries  ;  gathering 
scandals  from  the  abuses  of  a  free  press  ;  and  misled,  perhaps,  by  the  as- 
perities of  a  party  spirit,  common  to  all  free  governments;  he  atlects  to 
trace  the  origin  of  the  war  to  "a  marked  partiality,  in  palliating  and  as- 
sisting the  aggressive  tyranny  of  France;'*  and  '-to  the  prevalence  of  such 
councils,  as  associated  the  United  States,  in  policy  with  the  government 
of  that  nation. *'t  The  conduct  of  the  American  government  is  now  open 
to  every  scrutiny  ;  and  its  vindication  is  inseparable  from  a  knowledge  of 
the  facts.  All  the  world  must  be  sensible,  indeed,  that  neither  in  the  gen- 
eral policy  of  the  late  ruler  of  France,  nor  in  his  particular  treatment  ef 
the  United  States,  could  there  exist  any  political,  or  rational  foundation, 
for  the  sympathies  and  associations,  overt,  or  clandestine,  which  have 
been  rudely  and  unfairly  suggested.  It  is  equally  obvious,  that  nothing 
short  of  the  aggressive  tyranny,  exercised  by  Great  Britain  towards  the 
United  States,  could  have  counteracted  and  controlled,  those  tendencies 
to  peace  and  amity,  which  derived  their  impulse,  from  natural  and  social 
causes;  combining  the  affections  and  interests  of  the  two  nations.  The 
American  government,  faithful  to  that  principle  of  public  law,  which  ac- 
knowledges to  authority  of  ail  governments  established  de  fado  ;  and 
conforming  its  practice,  in  this  respect,  to  the  example  of  Europe  ;  has 
never  contested  the  validity  of  the  governments  successively  established 
in  France  ;  nor  refrained  from  that  intercourse  with  either  of  them,  which 
the  just  interests  of  the  United  States  required.  But  the  British  cabinet 
is  challenged  to  produce,  from  the  recesses  of  its  secret,  or  of  its  public 
archives,  a  single  instance  of  unworthy  concessions,  or  of  political  alliance 
and  combination,  throughout  the  intercourse  of  the  United  States,  with 
the  revolutionary  rulers  of  France.  Was  it  the  influence  of  French  coun- 
cils, that  induced  the  American  government  to  resist  the  pretensions  of 
France,  in  1793,  and  to  encounter  her  hostilities  in  1798  r  thai  led  to  the 
ratification  of  the  British  treaty  in  l7U.'j ;  to  the  British  negotiation  in 
1805,  and  to  the  convention  with  the  British  minister  in  1809  P  that  dic- 
tated the  impartial  overtures,  which  were  made  to  Great  Britain,  as  well 
as  to  B'rance,  during  the  whole  period  of  the  restrictive  system  ?  that  pro- 
duced the  determination  to  avoid  making  any  treaty,  even  a  treaty  of 
commerce,  with  France,  until  the  outrage  of  the  Rambouillet  decree  was 

•  See  the  letter  from  tlie  secretary  nf  the  war  department,  to  trig.  gen.  Hull,  dated 
the  24th  of  June,  and  the  I  st  nf  Angiist,  1812. 

f  See  the  British  declaration,  of  the  lOih  of  .January,  1813. 

\  See  the  instructions  from  tiie  ftecretasy  of  state  to  the  American  minister  at  Pari^ 
^atedthe  2gth  May,  1813. 


30 


'!!!; 


repaired  ?*  that  sanctioned  <Iie  repoated  and  urgent  cfforla  of  (lie  Amer- 
ican govern  men! ,  to  put  an  end  to  the  war,  almost  an  .^oun  as  it  was  de- 
chire^  ?  or  that,  tinaitvi  prompted  the  explieit  communication,  which,  is 
pursuance  of  inslnctions,  was  made  by  the  American  minister,  at  Ht. 
I'etcrsburgh,  to  tlie  court  of  Kussia,  stating,  "that  the  principal  Kubjecis  of 
discussion,  which  had  long  been  sul)sisting  between  the  United  States  and 
France,  remained  unsettled  ;  that  there  was  no  immediate  prospect,  that 
there  would  be  a  satisfactory  settlement  of  them  :  liut  that,  whatever  the 
ttvent,  in  that  respect,  might  be,  it  was  not  tlip  intention  of  the  govern- 
ment of  the  United  States,  to  enter  into  any  more  iiitinnvte  connexions 
with  France;  tlnit  the  government  of  the  Uniteil  States  did  not  anticipate 
any  event  whatever,  that  could  produce  that  effect  ;  and  that  the  American 
minister  was  the  more  happy  to  find  himself  authorized  by  his  govern- 
ment to  avow  this  intention,  as  different  representations  of  their  views 
had  been  widely  circulated,  as  well  in  F.urope,  as  in  America.''!  But, 
while  every  act  of  the  American  government  thus  falsifies  the  charge  of 
a  subserviency  to  the  policy  of  France,  it  may  be  Justly  remarked,  that  of 
all  the  governments,  maintaining  a  necessary  relation  and  intercourse 
with  that  nation,  from  the  commencement,  to  the  recent  termination,  of 
the  revolutionary  establishnie;its,  it  has  happened,  that  the  government 
of  the  United  States  has  least  exhibited  marks  of  condescension  and  eon- 
cession  to  the  successive  rulers.  It  is  for  Great  Britain,  more  particularly, 
as  an  accuser,  to  examine  and  explain  the  consistency  of  the  reproaches, 
which  she  has  uttered  against  the  United  States,  with  the  course  of  her 
own  conduct:  with  her  repeated  negotiations,  during  the  republican,  as 
well  as  during  the  imperial,  sway  of  France  ;  with  her  solicitude  to  make 
and  to  propose  treaties  ;  w  ith  her  interchange  of  commercial  benefits,  so 
irreconcilable  to  a  state  of  war;  with  the  almost  triumphant  entry  of  a 
French  ambassador  into  her  capital,  amidst  the  acclamations  of  the  pop- 
ulace; and  with  the  prosecution,  instituted,  by  the  orders  of  the  king  of 
Great  Britain  himself,  in  the  highest  court  of  criminal  .jurisdiction  in  his 
kingdom,  to  punish  th«  printer  of  a  gazette,  for  publishing  a  libel  on  the 
conduct  and  character  of  the  late  ruler  of  France!  AVhatever  may  be  the 
source  of  these  symptoms,  however  they  may  indicate  a  subservient  poli- 
cy, such  symptoms  have  never  occurred  iu  the  United  States,  throughout 
the  imperial  governojent  of  France. 

The  conduct  of  the  U.  Slates,  from  (he  moment  of  declaring  the  war, 
will  serve,  as  well  as  their  previous  conduct,  to  rescue  them  from  the  un- 
just reproaches  of  Great  Britain.  When  war  was  declared,  the  orders  in 
council  had  been  maintained,  with  inexorable  hostility,  until  a  thousand 
American  vessels  and  their  cargoes  had  been  seized  and  confiscated,  under 
their  operation;  the  British  minister  at  Washington  had,  with  peculiar 
solemnity,  announced  that  the  orders  would  not  be  repealed,  but  upon 
conditions,  which  the  American  government  had  not  the  right,  nor  the 
power,  to  fulfil ;  and  the  European  war,  which  had  raged,  w  ith  little 
intermission,  for  twenty  years,  threatened  an  indefinite  continuance.  Un- 
der these  circumstances,  a  repeal  of  the  oiilers,  and  a  cessation  of  the 
injuries,  which  they  produced,  were  events  beyond  all  rational  anticipa- 
tion. It  appears,  however,  that  the  orders,  under  the  influence  of  a 
parliamentary  inquiry  into  their  effects  upon  the  trade  and  manufactures 
of  Great  Britain,  were  provisionally  repealed  on  the  23d  of  .Tune,  1812,  a 
few  days  subsequent  to  the  American  declaration  of  war.  If  this  repeal 
had  been  made  known  to  the  United  States,  before  their  resort  to  arms, 
the  repeal  would  have  arrested  it ;  and  that  cause  of  war  being  removed, 
the  other  essential  cause,  the  practice  of  impressment,  would  have  been 

•  See  the  instrnctions  from  the  secretary  of  state  to  tbe  American  rninister  at  Parif, 
dated  the  29th  of  Mnv,  18 13. 

•  See  Mr.  Monroe's  Iciter  to  Mr.  Adams,  dated  the  Ist  of  July,  1812;  and  Mr.  Ad- 
ams's letter  to  Mr.  Monroe,  dated  the  lith  of  December,  1812, 


8i 


f  <Iie  Anipr- 
s  it  WHS  (le- 
n,  whicli,  in 

•  islcr,  at  Ht 
>l  siibjec(8of 
il  (Sillies  und 
rospcct,  tliat 
vliatever  the 

*  the  govern- 
foniifxions 

Dt  anticipate 
IP  American 

liis  govern- 

their  viewB 
•i<'a.'"t  But, 
e  charge  of 
■ked,  that  of 

inlercoiirse 
ninatinn,  of 
government 
ion  and  con- 
)artieularly, 
reproaches, 
(tnrse  of  her 
Hiblioan,  as 
[nde  to  make 

benefits,  so 

t  entry  of  a 

I  of  the  pop- 

*the  king  of 

iction  in  his 

libel  on  the 

may  be  the 

^rTient  poli- 

throughoiit 

ng  the  Mar, 
rom  the  nn- 
fie  orders  in 

a  thousand 
sated,  under 
ith  peculiar 
i  but  upon 
lit,  nor  the 

with  little 
lanee.  Un- 
ion of  the 
■1  anticipa- 
uence  of  a 
inufactures 
me,  1812,  a 
this  repeal 
rt  to  arms, 
g  removed, 
have  been 

ter  at  Pari», 
ind  Mr.  Ad- 


the  subject  of  renewed  negotiation,  under  the  auspicious  influence  of  a 
partial,  vet  important,  act  of  reconciliation.  But  the  declaration  of  war, 
having  an..  Miuced  tlic  practice  of  impressment,  as  a  priiicip.il  cause,  peace 
could  only  be  >.ie  result  of  an  expn*ss  aban  IhiukiiI  of  the  practice;  of  a 
suspension  of  the  praeliee,  for  the  purposes  of  uegotialinn  ;  or  of  a  cessa- 
ti(»u  of  actual  sulferaiice,  in  consequence  of  a  pacification  in  Europe, 
which  would  tleprive  Great  Britain  of  every  motive  for  continuing  the 
practice. 

Henck,  when  early  intimations  were  given,  from  Halifax,  and  from 
Canada,  of  a  dispostion,  ou  the  piirt  of  tlie  local  authorities,  to  enter  into 
an  armistice,  the  povvr  of  those  authorities  was  so  doiilitfnl,  the  objects 
of  the  armistice  were  so  limited,  and  the  immediate  advantages  of  the 
measure,  were  so  entirely  ou  tlie  nde  of  the  enemy,  that  the  American 
government  (XMild  ii'tl,  consistently  with  its  duty,  embrace  the  proposi- 
tions.* But  some  hitpe  of  an  ainioible  adjustment  was  inspired,  when  a 
communication  was  received  from  admiral"  Warren,  in  September,  18t2, 
stating  that  he  was  ci»inmaiide<l  by  his  government,  to  propose,  on  the  one 
hand,  'Hhat  the  government  of  the  Unile>1  States  should,  iiistanliy  recall 
their  letters  of  msuque  and  reprisal  against  British  slirps,  together,  with 
all  orders  and  instructions  for  any  acts  of  hostility  whatever  against  the 
territories  of  his  majesty,  or  the  persons  or  property  of  his  subjects  ;"  and 
to  promise,  on  the  other  hand,  if  the  American  government  acquiesced  in 
the  precc'eding  proposition,  tiiat  instructions  slioiihl  be  issued  to  the  Brit- 
ish squadrons,  to  discontinue  hostilities  against  the  United  States  and 
their  citizens.  This  overture,  however,  was  subject  to  a  further  qualiii- 
eatioi,  "tliat  should  the  American  government  accede  to  the  proposal  for 
terminating  hostilities,  the  British  admirxl  was  authorized  to  arrange 
with  th?  American  government,  as  to  the  revocation  of  the  laws,  which 
interdict  the  commerce  and  ships  of  war  of  Great  Britain  from  the  har- 
bors aud  waters  of  the  United  States;  but  that  in  default  of  such  revoca- 
tion within  the  reasonalde  period  to  be  agreed  upon,  the  orders  in  council 
would  be  revived  "t  The  American  government,  at  once,  expressed  a 
disposition  to  embrace  the  general  proposition  for  a  cessation  of  hostilities, 
with  a  view  to  negotiation  ;  declared  that  no  peace  could  be  durable,  un- 
less the  essential  object  of  impressment  was  adjusted  ;  and  offered,  as  a 
basis  of  the  adjustment,  to  prohibit  the  employment  of  British  subjects  in 
the  naval  or  eommericial  service  of  the  United  States  :  but  adhering  to  its 
determination  of  obtaining  a  relief  from  actual  sufferance,  the  suspension 
of  the  practice  of  impressment  pending  the  proposed  armistice,  was  deem- 
ed a  necessary  consequence  ;  for  '*it  could  not  be  presumetl,  while  the 
parties  were  engaged  in  a  negotiation  to  adjust  amicably  this  important 
difference,  that  the  United  States  would  admit  the  right,  or  acquiesce  in 
the  practice,  of  the  opposite  party  ;  or, that  Great  Britain  would  be  un- 
willing to  restrain  htr  cruisers  from  a  practice,  which  would  have  the 
strongest  effect  to  defeat  the  negotiation."^  So  just,  so  reasonable,  so 
indispensable,  a  preliminary,  vvitisout  whi'h  the  citizens  of  the  United 
States,  navigating  the  high  seas,  would  not  be  placed,  by  the  armistice, 
on  an  equal  footing  with  the  subjects  of  Great  Britain,  admiral  Warren 
was  not  authorized  to  accept ;  and  the  effort  at  an  amicable  adjustment, 
through  that  channel,  was  necessarily  abortive. 

But  long  before  the  overture  of  the  British  admiral  was  made,  (a  few 
days,  indeed,  after  the  declaration  of  war,)   the  reluctance  with  which 

•  See  tlie  tetters  from  tlie  deiiartment  of  stnte  to  Mr  Russel,  dated  9t1i  and  lOlb  nf 
August,  18(2,  nnd  Mr  Graham's  kk  mornndum  ot  a  convLTsation  with  Vlr.  Raker,  the 
British  secretary  of  le;;atioii.  enclosed  in  th  ■  last  letter.  See,  also,  Mr.  Monroe's  leller 
to  Mr.  Russell,  dat^fd  the  21st  of  August,  1812 

t  See  the  leitt.T  of  admiral  Warren,  to  the  secretary  of  stat»*,  dated  at  Halifax,  the 
?Olh  of  Sept    18i2. 

>  See  lli6  letter  of  Mr.  Monroe,  to  admiral  Warren,  dated  the  27th  of  October,  181». 


as 


the  United  States  had  rrsorted  to  arms,  was  manifested  hy  the  steps  takrn 


the 


tl  hoHtili 


)fl 


■;■( 


and  to  hasleii  a  restoration 
On  the -<!tith  of  June,  ts  12,  the  American  ciiar^e  d'utlaircs,  at  London, 
was  instructed  to  make  the  proposal  of  an  armistice  to  the  British  gov- 
ernment, which  might  lead  to  an  adjustment  of  ail  ditferences,  on  the 
single  condition,  in  the  event  of  the  orders  in  council  hein^;  repealed,  that 
instructions  should  he  issued,  suspending  the  practice  of  impressment  dur- 
ing,-the  armistice.  This  proposal  was  soon  followed  by  another,  admit- 
ting, instead  of  positive  instructions,  an  informal  understanding  hettveeii 
the  two  governments  on  the  subject'^  But  both  of  these  proposals  were 
unhappily  rejected.!  And  when  a  third,  which  seemed  to  leave  no  plea 
for  hesitation,  as  it  required  no  other  preliminary,  than  that  the  American 
minister,  at  London,  should  find  in  the  British  government,  a  sincere  dis- 
position to  accommodate  the  ditference,  relative  to  impressment,  on  fair 
conditions,  was  evaded,  it  was  obvious,  that  neither  a  desire  of  peace,  nor 
a  spirit  of  conciliation,  iuHuenccd  the  councils  of  Greu^  Britain. 

Under  these  circumstances,  the  American  government  had  no  choice, 
but  to  invigorate  the  war;  and  yet  it  has  never  lost  sight  of  the  ibject  of 
all, just  wars,  a  just  peace.  The  Emperor  of  Russia  having  ottered  his 
nicaiation,  to  accomplish  that  object,  it  was  instantly  and  cordially  ac- 
cepted, by  the  American  government  ;t;  but  it  was  peremptorily  rejected 
by  the  British  government.  The  Emperor,  in  his  benevolence,  rep"  ited 
his  invitation  :  the  British  government  again  rejected  it.  At  last,  how- 
ever, Great  Britain,  sen»<ible  of  the  reproach,  to  which  such  conduct  would 
expose  her  throughout  Europe,  ottered  to  the  American  government  a 
direct  negotiation  for  peace,  and  the  otter  was  promptly  cmbriieed ;  with 
perfect  confidence,  that  the  British  government  would  be  equally  prompt, 
in  giving  effect  to  its  own  proposal.  But  such  was  not  the  design,  or  the 
coursH,  of  that  government.  The  American  envoys  were  immediately 
appointed,  and  arrived  at  Gottenburgh,  the  destined  scene  of  negotiation, 
on  the  nth  of  April,  1814,  as  soon  as  the  season  admitted.  The  British 
government,  though  regularly  informed,  that  no  time  would  be  lost  on  the 
part  of  the  United  States,  suspended  tho  appointment  of  its  envoys,  until 
the  actual  arrival  of  the  American  envoys  should  be  formally  communi- 
cated. This  pretension,  however  novel  and  inauspicious,  was  not  per- 
mitted to  obstruct  the  path  to  peace.  The  British  government  next  pro- 
posed to  transfer  the  negotiation  from  Gottenburgh  to  Ghent.  This  change 
also,  notwithstanding  the  necessary  delay,  was  allowed.  The  American 
onvoys,  arriving  at  Ghent  on  the  24th  of  June,  remained  in  a  mortifying 
state  of  suspense  and  expectation,  for  the  arrival  of  the  British  envoys, 
nntil  the  6th  of  August.  And  from  the  period  of  opening  the  negotiations, 
to  the  date  of  the  last  despatch  of  the  3lst  of  October,  it  has  been  seen, 
that  the  whole  of  the  diplomatic  skill  of  the  British  government,  has  con- 
sisted in  consuming  time,  without  approaching  any  conclusion.  I'he 
pacification  of  Paris,  had,  suddenly  and  unexpectedly,  placed  at  the  dis- 
posal of  the  British  government,  a  great  naval  and  military  force;  the 
pride  and  passions  of  the  nation  were  artfully  excited  against  the  United 
States;  and  a  war  of  desperate  and  barbarous  character  was  planned,  at 
the  very  moment  that  the  American  government,  finding  its  maritime 
citizens  relieved,  by  the  course  of  events,  from  actual  sufferance,  under 
the  practice  of  impressment,  had  authorized  its  envoys  to  wave  those 
stipnisitions  upon  the  subject,  which  might,  otherwise,  have  been  indispen- 
sable psecautions. 

•  Seethe  letters  from  the  secretary  of  state,  to  Mr.  Russell,  dated  the  2Cth  of  June, 
and  27th  oljuly,  I81ij. 

t  See  tlie  correspondence  between  Mr.  Russell,  and  lord  Castlereagh,  dated  August 
and  September,  1812  j  and  Mr.  Russell's  letters  to  the  secretary  of  state,  dated  Septem- 
ber, 1812 

i  See  the  correspondence  betwscn  Mr.  Monroe  «nd  Mr.  DaschkolT,  in  March,  1813. 


33 


e  sJeps  (nkm 

on     of  pt'iKM'. 

ut  Luiiilou, 
British  gov- 
nees,  on  the 
epealed,  that 
'essniciit  <lur- 
thor,  admit- 
Iiii;5  hetweeii 
posals  were 
;avK  no  plea 
he  American 
L  sincere  dia- 
lent,  on  fair 
of  peace,  nor 
kin. 

ul  no  choice, 
the  ibject  of 
;  ottered  his 
ordially  ac- 
rily  rejected 
ice,  rep'-ited 
t  last,  how- 
•ndiict  would 
Dvernmenl  a 
raced;  with 
ally  prompt, 
esis;M,  or  the 
immediately 
'negotiation, 
The  British 
le  lost  on  the 
envoys,  until 
y  coinmuni- 
vas  not  per- 
nt  next  pro- 
This  change 
te  American 
\  mortifvin" 
[isu  envoys, 
legotiations, 
}  been  seen, 
!nt,  has  con- 
ision.     The 
1  at  the  dis- 
force;    the 
:  the  United 
planned,  at 
ts  maritime 
mce,  under 
wave  those 
en  indispen- 


2Cth  of  June, 

dated  August 
lated  Septem- 

March,  1S13. 


lliTiiEHTo  the  Amt^rican  government  has  shown  thejiisl'iceoPits  canse; 
(ts  respect  for  the  rights  of  other  nations,  and  its  inherent  love  of  peace. 
But  the  scenes  of  the  war,  will,  also,  exhibit  a  striking  contrast,  between 
the  conduct  of  the  United  States,  and  the  conduct  of  Great  Britain.  The 
same  insidious  policy,  which  taught  the  Prince  liegent  to  describe  the 
American  government  as  the  aggressor  in  the  war,  has  induced  the  Brit- 
ish government  (clouding  the  daylight  truth  of  the  transaction)  to  call 
the  atrocities  of  the  British  fleets  and  armies,  a  retaliation  upon  the  ex- 
ample of  the  American  troops  in  Canada.  The  United  States  tender  tk 
solemn  appeal  to  the  civilized  world,  against  the  fabrication  of  such  a 
charge;  and  they  vouch,  in  support  of  their  appeal,  the  known  morals* 
habits,  and  pursuits  of  tlieir  people ;  the  character  of  their  civil  nnd 
political  institutions;  and  the  whole  career  of  their  navy  and  their  army, 
as  humane,  as  it  is  brave.  Upon  what  pretext  did  the  British  admiral, 
on  the  18th  of  August,  1814,  announce  his  determination,  ''to  destroy  and 
lay  waste  such  towns  and  districts,  upon  the  coast,  as  might  be  fountl 
assailable?"*  It  was  the  pretext  of  a  request  from  the  governor  general 
of  the  Canadas,  for  aid  to  carry  into  etfect  measures  of  retaliation  ;  w  hile, 
in  fact,  the  barbarous  nature  of  the  war,  had  been  deliberately  settled  and 
prescribed  by  the  British  cabinet.  Wh^t  could  have  been  the  foundation 
of  such  a  request  P  The  outrages,  and  the  irregulartiea,  which  too  often 
occur  during  a  state  of  national  hostilities,  in  violation  of  the  laws  of 
civilized  warfare,  are  always  to  be  lamented,  disavowed,  and  repaired, 
by  a  just  and  honorable  government ;  but  if  disavowal  be  made,  and  if 
reparation  be  offered,  there  is  no  foundation  for  retaliatory  violence. 
''Whatever  unauthorized  irregularity  may  have  been  committed  by  any 
of  the  troops  of  the  United  States,  the  American  government  has  been 
ready,  upon  principles  of  sacred  and  eternal  obligation,  to  disavow,  and, 
as  far  as  it  might  be  practicable,  to  rcpair."t  In  every  known  instance 
(and  they  are  few)  the  oflenders  have  been  subjected  to  the  regular  inves- 
tigation of  a  military  tribunal ;  and  an  officer,  commanding  a  party  of 
stragglers,  who  were  guilty  of  unworthy  excesses,  was  immediately  dis- 
missed, without  the  form  of  a  trial,  for  not  preventing  those  excesses. 
The  destruction  of  the  village  of  Newark,  adjacent  to  Fort  George,  on 
the  10th  of  December,  1813,  was  long  subsequent  to  the  pillage  and  con- 
flagration committed  on  the  shores  of  the  Chesapeake,  throughout  the 
summer  of  the  same  year;  and  might  fairly  have  been  alleged  os  a  re- 
taliation for  those  outrages ;  but,  in  fact,  it  was  justified  by  the  American 
c«mmander,  wlw  ordered  it,  on  the  ground,  that  it  became  necessary  to 
the  military  operations  at  that  place  ;|  while  the  American  government, 
as  soon  as  it  heard  of  the  act,  on  tho  Otii  of  January,  1811,  instructed  the 
general  commanding  the  northern  army,  "to  disavow  the  conduct  of  the 
officer  who  committed  it ;  and  to  transmit  to  governor  Prevost,  a  copy  of 
the  oriler,  under  color  of  \^hich  that  officer  had  acted."§  This  disavowal 
was  accordingly  communicated;  and  on  the  loth  of  February,  1814,  gov- 
ernor Prevost  answered,  "tliat  it  had  been  with  great  satisfaction  he  had 
received  the  assurance,  that  the  perpetration  of  the  burning  of  the  town 
of  Newark,  was  both  'unauthorized  by  the  American  government,  and 
abhorent  to  every  American  feeling;  that  if  any  outrages  had  ensued  the 
wanton  and  unjustifiable  destruction  cf  Newark,  passing  the  bounds  of 
just  ret^^Iiation,  they  were  to  be  attributed  to  the  influence  of  irritated 
passions,  on  the  part  of  the  unfortunate  suflferers  by  that  event,  which,  in 

•  See  admiral  Cochrane's  letter  to  Mr.  Monroe,  dated  the  18ih  of  August,  1814;  and 
Mr.  Monroe's  answer  of  the  6th  Sept    1814. 

t  See  the  letter  from  the  secretary  at  war  to  bri{,'adier  general  M'Lure,  dated  the  4th 
flf  October,  1813. 

+  Gen,  M'Lure's  letters  to  the  secretary  at  war,  dated  Dec.  10  and  13, 1813. 

§  See  the  letter  from  the  s«eretflry  at  var^  to  M  i>i  ^en.  Wilkinson,  dated  the  dCth 
of  Janovy,  1814. 

5 


M 


a  stulo  of  active  warfare,  it  iiaH  not  hcpn  poHMililo  allogetlior  to  re»ltain; 
ami  that  it  wan  an  Utile  con;renial  to  (he  (iiMpoHilioii  of  hi.<4  inaj<>««ty'M  ^<>v< 


If 


that  of  the 


»f  the  IJnihd  SluleH    ih-lib- 


lie  ilevi 


arnmeiit,  us  it  wa 

nrately  to  a(lo|»t  any  plan  of  fMilicy,  which  hud  fur  its  oojfel 
tion  of  private  property."*  But  the  tliH.ivnvval  of  llic  Anierirari  govern- 
ment wait  not  the  only  expiation  of  the  olfirnee  coinniille<l  by  iln  tiHict-r  ; 
for  the  Brittiih  v;overninent  axsunied  the  prorinee  nf  redrvHM  in  the  iriduU 
geuco  of  its  own  ven;»(Minee.  A  few  days  after  the  hiirnin:;  of  Newark, 
the  British  anil  Indian  troops  crossed  the  i\ia.-:ara,  for  ihis  purpose;  lliey 
surprised  and  sei%(;d  Fort  Miat^ara,  and  put  its  garrison  to  the  Muord  ; 
they  burnt  tlie  villa^fs  of  Lewislown,  .Mmiehesler,  Tusearnra,  KuHalo, 
an(i  Black  Koek ;  slan^htcrini;  and  abij^iii'4  the  unarmed  inhabitants} 
until,  in  short,  they  had  laid  ^vasle  th>'  whole  of  the  Niagara  frontier, 
levelling  every  house  and  every  hut,  and  dinpfrsini^,  beyond  the  means  of 
shelter,  in  the  extremity  of  the  winter,  the  malu  und  the  female,  the  old 
and  the  young.  8ir  (ieorge  Prevost  himself  appears  to  have  been  sated 
tvith  the  ruin,  and  the  havoc,  which  h.id  been  thus  inilieted.  In  his  pro- 
elamalion  of  the  t2th  of  January,  18  <  4,  he  emphatically  declared,  that 
for  the  burning  of  Newark,  ''the  opportunity  of  punishment  had  oeeurred, 
and  a  full  measure  of  retaliation  had  taken  place; '  und  Uhat  it  was  tiot 
his  intention  to  pursue  further  a  system  of  warfare,  so  revolting  (o  his 
own  feelings,  and  so  little  congenial  to  the  British  character,  unless  the 
future  measures  of  the  enemy  should  compel  him  aaain  to  resort  to  it."t 
Nay,  with  his  answer  to  the  American  gem-ral,  already  mentioned,  he 
transmitted  "a  copy  of  that  proclamation,  as  expressive  of  the  determin- 
ation, as  to  his  future  line  of  conduct ;"  and  add'-d,  ''that  he  was  happy 
to  learn,  that  there  was  no  probability,  that  any  measures  on  the  part  of 
the  American  government  would  oblige  him  to  depart  from  tt.'^^  Where, 
then,  shall  we  search  for  (he  foundation  of  die  eaU  upon  the  British  ad- 
miral, to  aid  the  governor  of  Canada  in  measures  of  retaliation  ?  Great 
Britain  forgot  the  princi)>le  of  retaliation,  when  her  orders  in  council 
were  issued  against  the  unotfending  neutral,  in  resentment  of  outrages 
committed  by  her  enemy;  and  surely,  she  had  again  forgotten  the  same 
principle,  when  she  threatened  an  unceasing  violation  of  the  laws  of 
civilized  warfare,  in  retaliation  for  injuries,  which  never  existed,  or  which 
tlie  American  government  had  explicitly  disavowed,  or  nhich  had  been 
already  avenged  by  her  own  arms,  in  a  manner  and  a  degree,  cruel  and 
unparalleled.  The  American  government,  after  all,  has  nut  hesitated  to 
declare,  that  "for  the  reparation  of  injuries,  of  whatever  nature  tliey  may 
be,  not  sanctioned  by  the  law  of  nations,  which  the  military  or  naval*  force 
of  either  power  might  have  committed  against  the  other,  it  would  always 
be  ready  to  enter  into  reciprocal  arrangements ;  presuming  that  the  British 
Ijovernment  would  neither  expect,  nor  propose,  any  which  were  not  recip- 
rocal.''§ 

It  is  now,  however,  proper  to  examine  the  character  of  (he  warfare, 
which  Great  Britain  has  waged  against  the  United  States.  In  Europe, 
it  has  already  been  marked,  with  astonishment  and  indignation,  as  a  war- 
fare of  the  tomahawk,  the  scalping  knife,  and  the  torch ;  as  a  warfare, 
incompatible  with  the  usages  of  civilized  nations;  as  a  warfare,  that, 
disclaiming  all  moral  influence,  inflicts  an  outrage  upon  social  order,  and 
gives  a  shock  to  the  very  elements  of  humanity.  All  belligerent  nations 
can  form  alliances  with  the  savage,  the  African,  and  the  bloodhound : 


•  Sep  the  letter  of  Major  Genernl  Wilkinson,  to  Sir  George  Prevos»,  dated  »lie  28tfc 
of  January,  1814,  and  the  answer  of  Sir  George  Prevost,  dated  the  10th  of  February, 
(814. 

t  See  Sir  George  Pievost's  proelanatition,  <Jated  at  Qu<  bee,  the  12th  of  January,  1914. 

i  See  the  letter  of  sir  George  Prevost  to  general  Wilkinson,  dnted  the  10th  of  Feb* 
mary,  1814;  and  the  Br  tish  general  orders,  of  the  22d  ot  February,  i814. 

$  See  Mr.  Monroe's  letter  to  i<i4nu:Kl  dochrsBe*  Usted  the  Qth  of  Seft  t864f 


fo  reMtnin; 

(utex  ili*lib- 
the  devasfH- 

I  itit  uHiiMT ; 
ill  the  iitdiiU 
of  Newark, 
iirpose;  llicy 
)  till'  H>\or(l ; 
irti,  Hiitlttlo, 
iiihahitunis; 
*ra  frontier, 
the  meuns  »f 
na\o,  the  old 
e  been  Huted 

In  hit)  pro' 
>elared,  that 
uid  oeeiirred, 
at  it  was  not 
allini'  lu  hig 
,  unless  the 
sort  to  it."t 
entioned,  he 
he  determin- 
i  was  huppj 
1  the  part  of 
t.'l  Where, 
i>  British  ad- 
ion  ?  Great 
rs  ill  council 
of  outrages 
:en  the  8ame 
thr  laws  of 
ted.  nr  which 
I'M  had  been 
e,  cruel  and 

he««itHted  to 
ire  tliey  may 
r  naval  force 
ould  always 
it  the  British 
re  not  recip- 

the  warfare, 
In  pjurope, 
on,  as  a  war- 
I  a  warfare, 
arfare,  that, 
il  order,  and 
rent  nations 
bloodhound : 

ilated  the  28th 
I  of   February, 

Jnnmrj,  1914. 

loth  of  feb* 
14- 

1864r 


80 

but  wliat  civilized  nation  han  leleeted  these  auiiltariei,  in  its  hostilities  t* 
It  diteit  not  reqiiire  the  tieelK  and  armies  of  Great  Britain,  iu  lay  WH«le  an 
i>p>-n  country;  to  burn  iioforliiied  lowiu,  or  unprotected  villages;  nor  to 
pMiiticT  the  mcrcliunl.  the  fitrnirr.  and  tiie  planter,  of  his  stores;  these 
expiiMlM  may  easily  be  nctiieved  by  a  "ingle  cruiser*  or  a  petty  privateer; 
b  '(  wiieii  liave  sneli  eX|ttoitH  been  perfurmed  on  the  coasts  of  the  continent 
of  Kurope,  or  of  the  B  iti'^h  iHianus,  hy  tlie  na\al  and  military  force  of 
aii,v  belligerent  pouer  ;  or  when  iiave  they  beta  loieraltMi  h)  any  iioiiora* 
blu  gaveruiiu-iii,  us  the  predatoiy  eiitrrpriiie  of  urmcd  ludividuals  ?  Nor, 
is  Ihv  deHlru"lioii  of  the  public  edifices,  which  adorn  the  ni'jlropolis  of  a 
eouulry,  and  ser^e  to  eoiiMneui><rate  llie  tasle  and  science  of  the  age,  beyond 
the  sphere  of  aetiuu  of  liie  vilf>if  iitci'ndiury,  as  well  as  of  the  must  tri- 
nmpiiani  cou(}ULM-ur.  It  e^.unot  b>>  forgolton,  indeed,  that  in  the  course  of 
teu  years  past,  the  capiial-  of  ihe  principal  pswers  of  Europe  have  been 
eoufpiered,  and  occupied  iilternately,  by  the  victorious  armies  of  each 
other;*  and  yet.  tliert-  has  been  no  instance  of  a  conflagration  of  the  paK 
«ces,  the  temples,  or  the  halls  of  justice.  No :  such  examples  have  pro- 
ceeded from  (ireut  Bri(ain  alone:  a  nation  so  elevated  in  its  pride;  so 
awful  in  its  povser ;  aod  so  affected  in  its  tenderness,  for  the  liberties  of 
mankind  !     The  cliarge  is  severe  ;  but  let  the  facts  be  adduced. 

1.  Gkkat  Britain  has  violated  the  principles  of  social  law,  by  insidious 
attempts,  to  excite  tin*  citizens  of  the  United  States  into  acts  of  contumacy, 
treusou,  and  revolt,  against  their  government.     For  instance: 

No  sooner  hud  the  American  guveroment,  imposed  the  restrictive  sys- 
tein  upon  its  citizens,  to  escape  from  the  rage  and  depredation  of  the 
belligerent  powers,  than  the  British  government,  then  professing  amity 
towards  the  I'uiled  States,  issued  an  order,  which  was,  in  effect,  an  in- 
vitation to  the  American  citizens  to  break  the  laws  of  their  country, 
andcr  a  public  promise  of  British  protection  and  patronage,  'Ho  all  ves- 
sels, which  should  engage  in  an  illicit  trade,  without  bearing  the  custom- 
ary ship's  documents  and  papers.''f 

Again  :  During  a  period  of  peace,  between  the  United  States  and 
Great  Britain,  in  the  year  f809,  the  governor  general  of  the  Canadas 
employed  an  agent  (who  had  previously  been  engaged,  in  a  similar  ser- 
vice, vtith  the  knowledge  and  approbation  of  the  British  cabinet)  *'on  a 
secret  and  confidential  mission,''  into  the  United  States,  declaring,  "that 
there  was  no  doubt,  that  his  able  execution  of  such  a  mission,  would  give 
him  a  claim,  not  only  on  the  governor  general,  but  on  his  majc:  ty's  min- 
isters." The  object  of  the  mission,  was  to  ascertain,  whether  there  ex- 
isted a  disposition  in  any  portion  of  the  citizens,  "to  bring  about  a  separ- 
ation of  the  eastern  states  from  the  general  union  ;  and  how  far,  in  such 
an  event,  they  would  look  up  to  England  for  assistance,  or  be  disposed  to 
enter  into  a  connexion  with  her."  The  agent  was  instructed  "to  insinu- 
ate, that  if  any  of  the  citizens  should  wish  to  enter  into  a  communication 
with  the  British  government,  through  the  governor  general,  he  was  au- 
thorized to  receive  such  communication;  and  that  he  would  safely  trans- 
mit it  lo  the  governor  general."^:  He  was  accredited  by  a  formal  instru- 
ment, under  the  seal  and  signature  of  the  governor  general,  to  be  produced 
"if  he  saw  good  ground  for  expecting,  that  the  doing  so  might  lead  to  a 
more  eonlideutial  communication,  than  he  could,  otherwise,  look  for ;" 
and  he  was  furnished  w  ith  a  ciuher,  ''for  carrying  on  the  secret  corres- 
pondence.§  The  virtue  and  patriotism  of  the  citizens  of  the  United 
8tates,  were  superior  to  the  arts  and  corruption,  employed  in  this  secret 

*  See  Mr  Monroe's  letter  to  admiral  Cochrane,  dated  the  €th  of  September,  1814. 

f  See  the  instructions  to  the  eommanders  of  British  ships  of  waraad  privateers,  dated 
the  lltl.  of  April,  1808. 

t  See  the  letter  from  VIr.  Ryland,  the  aeeretary  of  the  governor  general,  to  Mr.  Hen* 
r;,  dated  the  26th  of  January,  1809. 

$  iiee  the  letter  qi  ^v  Janes  Ci^  19  Mr.  Hsnry,  dated  February  6, 1809. 


36 


I 


rfii 


and  ronfidnntial  mission,  if  it  ever  mbr  flisclnniMl  (o  any  of  (linn  :  nnd 
tiie  miifeion  itHelf  terniinatcd,  as  soon  as  (he  urnuK^oment  \\\l\i  Mr.  Krs- 
kinc  was  announred.*  Hut,  in  tho  act  of  recalling  (lie  seciot  cniisHary, 
lie  was  itil'ormi'd,  "that  the  whole  of  hi*i  letleri  were  tranncribin^  to  ho 
mnt  home,  where  they  oniild  not  fail  of  doing  him  ^reat  credit,  and  it  was 
hoped  they  mit^ht  eventiiully  contriliiile  to  Iiis  jicnnanent  ndvantai^e."t 
To  endeavor  to  reali/.e  that  hope,  the  emissary  proceeded  to  liondon  ;  nil 
the  circumstances  of  his  mission  were  made  known  to  tho  Hriti^th  minis- 
ter;  his  services  were  approved  and  acknowledged  :  and  he  was  sent  to 
Canada,  for  a  reward;  with  a  reeommendalory  letter  from  lord  liiverpool 
to  sir  George  I'revost,  "stating  his  lordship's  opinion  of  the  ability  and 
jiidt^nient  wliich  Mr.  Henry  had  manifested  on  the  occasions  mentioned 
in  his  memorial,  (his  secret  and  confidential  missions,)  and  of  the  benefit 
the  public  service  might  derive  from  his  active  employment,  in  any  pub- 
lic situation,  in  which  sir  (Jeorge  PreVnst  might  think  proper  to  place 
liim."f  The  world  will  judge  upon  (li?se  facts,  and  the  rejection  of  a 
parliamentary  call,  for  the  production  of  the  papers  relating  to  them, 
tvhat  credit  is  due  to  the  prince  regent's  assertion,  "that  Mr.  Henry's 
mission  was  undertaken,  without  the  authority  or  even  knowledge  of  iiis 
majesty's  gnverumeDt."  The  l)rst  mission  was  certainly  known  to  tho 
British  government,  at  the  lime  it  occurred  j  for,  the  secretary  of  the 
governor  general  expressly  states,  "that  the  information  and  political 
observations,  heretofore  received  from  Mr.  Henry,  wera  transmitted  by 
his  excellency  to  the  secretary  of  state,  who  had  expressed  his  particlar 
approbation  of  (hem  ;"§  the  second  mission  was  approved  when  it  wag 
known  ;  and  it  remains  for  the  British  government  to  explain,  upon  any 
established  principles  of  morality  and  justice,  tho  essential  difference 
"between  ordcriug  the  offensive  acts  to  be  done;  and  reaping  the  fruit  of 
those  acts,  without  either  expressly,  or  tacitly,  condemning  them. 

Again  :  These  hostile  attempts  upon  the  peace  and  union  of  the  United 
States,  preceding  the  declaration  of  war,  have  been  followed  by  similar 
machinations,  subsequent  to  that  event.  The  governor  general  of  the 
Canadas  has  endeavored,  occasionally,  in  his  proclamations  and  general 
orders,  to  dissuade  the  militia  of  the  United  States,  from  the  performance 
of  (he  duty,  which  they  owed  to  their  injured  country ;  and  the  efforts,  at 
Quebec  and  Halifax,  to  kindle  .  ..  the  flame  of  civil  war,  have  been  as  in- 
cessant, as  they  have  been  insidious  and  abortive.  Nay,  the  governor  of 
the  island  of  Barbodoes.  totally  forgetful  of  the  boasted  article  of  the  Brit- 
ish magna  charta,  in  favor  of  foreign  merchants,  found  within  tlie  British 
dominions,  upon  the  breaking  out  of  hostilities,  resolved  that  every  Amer- 
ican merchant,  within  his  jurisdiction  at  the  declaration  of  war,  should,  at 
once  be  treated  as  a  prisoner  of  war;  because  every  citizen  of  the  United 
States  was  enrolled  in  the  inilita;  because  the  militia  of  the  Ignited  States 
were  required  to  serve  their  country  beyond  the  limits  of  the  state,  to 
which  they  particularly  belonged ;  and  because  the  militia  of  ''all  the 
states,  which  had  acceifcd  to  tliis  measure,  were,  in  the  view  of  sir  George 
Beckwith)  acting  as  a  French  conscription. "j| 

Again  :  Nor  was  this  course  of  conduct  confined  to  the  colonial  au- 
thorities. On  the  20th  of  October,  1812,  the  British  government  issued 
an  order  in  council,  authorizing  the  governors  of  the  British  West  India, 
islands  to  grant  licenses  to  American  vessels,  for  the  importation  and  ex- 
portation pf  certain  articles,  enumerated  in  the  order ;  but  in  the  instruct- 

•  See  the  letter  of  sir  James  Craig  to  Mr.  Henry,  dated  Feb,  6, 1809,  and  Mr.  Kyland's 
ktteroftJie  26th  of  January,  1809. 

t  Sec  Mr.  Kyland's  letter,  dated  the  26th  of  June,  1809. 

i  See  the  letter  from  lord  Liverpool  to  sir  Qeorge  Prevost,  dated  the  16th  of  Sentem- 
lor,  18U.  o  ,.  ir 

§  See  Mr.  Ky  land's  letter  of  the  26th  of  January,  1809. 

II  See  the  rcniDrkable  state  paper,  i^ed  by  goyeraor  Beckvith,  at  Bsrbadoes.  Ohthl 
tStJi  of  November,  ipia. 


( 


i 


m 


\'  Uiom  :  HTid 
til  Mr.  ErH- 
let  eniisMurvi 
Tibiiif;  (o  bo 
it,  aiui  it  \VH« 

ulvuntau;e."t 
LoihIuii  ;  nil 
iiitisli  ininiM- 

was  sent  to 
nl  Liverpool 

ability  uiid 
8  mentioned 
f  the  benefit 
I  in  any  pub- 
)er  to  place 
ejection  of  a 
ng  to  them, 
Mr.  Henry's 
fledge  of  iiig 
nown  to  tlie 
Jtary  of  the 
ind  political 
insmitlcd  by 
lis  particlar 
when  it  was 
in,  upon  any 
il  difference 

the  fruit  of 
hem. 
.f  the  United 

I  by  similar 
icral  of  the 

and  general 
performance 
he  efforts,  at 
e  been  as  in- 

governor  of 
■of  the  Brit- 

II  the  British 
every  Amer- 
tr,  should,  at 
flhe  United 
^nited  States 
the  state,  to 

of  '*all  the 
»f  sir  George 

colonial  au- 
iment  issued 
West  India, 
ition  and  cx- 
the  instruct- 

IMr.Ityland's 
6th  of  Septem< 
rbadoetjODtlrf 


tuns,  which  aecompained  the  order,  it  was  expressly  pruvided,  thul 
''whatever  jniporiatioOH  where  pmpuMed  to  be  made,  from  the  I'uited 
Stutesi  of  Amerieu,  sbuUkd  be  by  licences,  contined  to  the  ports  in  the  east- 
ern ttutes  (:xeiui*iv(lv,  unless  there  was  reason  to  suppose,  that  the  ob- 
ject ot  tlie  order  would  nut  be  fulfilled,  if  licenses  were  not  granted,  fur 
importaliuns  tmni  the  ulliei  ports  in  the  I'uited  States.-'* 

Thk  president  of  the  United  Htates  has  not  hesitated  to  place  bffore 
the  nation,  uitli  expressions  of  a  just  indignation, 'Mhe  policy  oflircut 
Britain  i!<iis  proelainied  to  the  world;  inlrodueing  into  liei  modes  of  war- 
fare, a  Kvsteni  ei|Uali>  distinguished  by  the  dei'oimity  of  its  features,  and 
the  depravity  of  its  character  :  and  having  for  its  object,  to  dissolve  the 
ties  ot  allegiance,  and  the  senliinenis  of  loyally,  in  the  adversary  nation  ; 
and  to  seduce  and  separate  itHContponent  pans,  the  one  from  the  other."! 

3.  Ureat  liHiTAiN  has  violated  the  laws  of  humanity  and  honor,  by 
seeking  alliances,  in  the  prosecution  of  the  war,  with  savages,  pirates, 
and  slaves. 

The  British  agency,    in  exciting  the  Indians,  at  all  times,  to  commit 
hostilities  upon  the  frontier  of  the  United  Ihlatcs,  is  too  notorious,  to  admit 
of  a  direct  and  general   denial.     It   has  sometimes,  however,  been  said, 
that  such  conduct  was  unauthorized  by  tlic   British  government;  and  the 
prince  regent,  seizing  the  single  instance,  of  an  intimation,  alleged  to  be 
given,  on  the  ]mrt  of  sir  James  Craig,  the  governor  of  the  Canadus,  that 
an  attack  was  meditated  by   the  Indians,  has  affirmed,  that  *'the  charge 
of  exciting  the  Indians  to  offensive  measures  against  the  Ignited  States, 
^vas  void  of  foundation;  that,  before  the  war  began,  a  iiolicy    the  most 
opposite  had  been  uniformly  pursued;  and  that  proof  of  tliis  was  tendered 
by  Mr.  Foster  to  the  American  government."^     But  is  it  nut  known  iu 
Europe,  as  well  as  in  America,  that  the  British  Morthwest  Company 
maintain  a  constant .'ntercnurse,  of  trade,  and  council,  with  the  Indians  ; 
that  their  interests  are  often  in  direct  collision  with  the  interests  of  the 
inhaliitanis  of  the  United  States,  and  that  by  means  of  the  inimical  dis- 
positions, and  the  active  agencies,  sf  the  eoD)pany  (seen,  understood,  and 
tacitly  sanctioned  by  the  local  authorities  of  Canada)  all  the  evils  of  an 
Indian  war  may  be  shed  upon  the  United  States,  without  the  authority 
of  a  formal  order,  emanating  immediately  from  the  British  goveioment  i 
Hence,  the  American  government,  in  answer  to  the  evasive  protestations 
of  the  British  minister,  residing  at  Washington,  frankly  communicated 
the  evidence  of  British  agency,  which  hud  been  received,  at  different 
periods,  since  the  year  1867  ;  and  observed, 'Uhat   whatever  may   have 
been  the  disposition  of  the  British  government,  the  conduct  of  its  subor- 
dinate agents  had  tended  to  excite  the   hostility   of  the  Indian   tribes 
towards  the  United  States ;  and  that  in  estimating  the  comparative  evi-. 
dencc  on  the  subject,  it  was  impossible  not  to  recollect  the  communication 
lately  made,  respecting  the  conduct  of  sir  James  Craig,  in  another  im- 
portant transaction  (the  employment  of  Mr.   Henry,  as  an    accredited 
agent,  to  alienate  and  detach  the  citizens  of  a  particular  section  of  the 
nniim,  from  their  government)  which,  it  appeared,  was  approved  by  lord 
Liverpool. "§ 

The  proof,  however,  that  the  British  agents  and  military  officers, 
were  guilty  of  the  charge,  thus  exhibited,  become  conclusive,  when,  sub- 

"  See  U)e  proclamation  of  tl'  ■-  governor  of  Bermuila,  dated  the  litli  of  Jnnuflij  1 814  ; 
»nd  the  instructions  from  the  uiiti'sh  secretary  for  foreign  affuirs,  dated  November  0, 
1S12. 

t  Ssc  *''C  message  from  the  President  to  congress,  dated  the  24th  of  FebrHary,  1813. 

t  Sec  the  prince  regent's  dectaratisn  of  tha  lOth  of  January,  i%\3. 

See,  also,  Mr.  Foster's  letters  fo  Mr.  Monroe,  dated  the  28th  of  December,  1811, 
and  the  7th  and  8th  of  June,  1812;  snd  Mr.  Monroe's  answer,  dated  theOih  of  JanuHry, 
1812,  and  the  10th  of  June,  1812;  and  the  documents,  which  accompanied  the  corres- 
pondence. 

J  See  Mr.  Monroe's  letter  to  Mr.  Foster,  dated  the  10th  of  June,  1812; 


38 


sequent  to  the  communication,  vliicTi  was  mnde  to  Ihe  British  nunisfe|;i 
the  defeat  and  flighi  of  general  Proctor's  armv,  en  the  of 

placed  in  the  possession  of  the  American  commander,  the  curres^ 
pondence  and  papers  ol  the  British  olhcers.  Selected  from  the  documents 
which  were  obtained  upon  tliat  occasion,  the  contents  of  a  few  letters 
will  serve  to  characterize  the  whole  of  the  maxs.  In  these  letters,  writ- 
ten by  Mr.  M'Kee,  the  British  agent,  to  colonel  England,  the  commander 
of  the  British  troops,  superscribed,  >'on  his  majesty's  service,"  and  dated 
during  the  months  of  July  and  August,  1794,  the  period  of  Gen.  Wayne's 
successful  expedition  against  the  Indians,  it  appears,  that  the  scalps  tak-> 
en  by  the  Indians  were  sent  to  the  British  establishment  at  the  rapids  of 
the  Miami  ;*  that  the  hostile  operations  of  the  ludiantt  were  concerted 
with  the  British  agents  and  uflicers;t  that  when  certain  tribes  of  Indians 
'^having  completed  the  belts  they  carried  with  scalps  and  prisoners,  and 
being  without  provisions,  resolved  on  going  home,  it  was  lamented,  that 
his  majesty's  posts  would  derive  no  securitv,  from  the  late  great  influx  of 
Indians  into  that  part  of  the  country,  should  they  persiiit  in  their  resolu* 
tion  of  returning  so  soon  ;|  that  "the  British  agents  were  immediately  to 
hold  a  council  at  the  Glaze,  in  ^rder  to  try  if  ihey  could  prevail  on  the 
Lake  Indians  to  remain  ;  but  that  without  provisions  and  ammunition 
being  sent  to  that  place,  it  was  conceived  to  be  extremely  ditticult  to 
keep  them  together ;"§  and  that  ''colonel  England  was  makiig  great 
exertions  to  supply  the  Indians  with  provisions. "||  But  the  language  of 
the  correspoiidence  becomes,  at  length,  so  plain  and  direct,  that  it  ^eems 
impossible  to  avoid  the  conclusion  of  a  governmental  agency,  on  (he  part 
of  Great  Britain,  in  advising,  aiding,  and  coudu7ting,  the  Indian  uar, 
while  she  professed  friendship  and  peace  towards  the  United  States. 
"Scouts  are  sent,  (says  Mr  M  Kee,  to  colonel  England,)  to  view  the  sit- 
uation of  the  Americun  anny  ;  and  we  now  muster  one  thousand  Indians. 
All  the  Lake  Indians,  from  Sugana  downwards,  should  not  lose  one  mo- 
ment in  joining  their  brethren,  as  ever}  accession  of  strength,  is  an  addi- 
tion to  their  spirits.'"^  And  ae;ain ;  *'I  have  been  employed  several  days 
in  endeavoring  to  fix  the  Indiaus,  who  have  been  driven  from  their  vi|o 
lages  and  cornfields,  between  the  fort  and  the  bav.     8wan  creek  is 


gen- 


erally agreed  upon,  and  will  be  a  very  convenient  place  for  the  delivery 
of  provisions,  ficc."**  Whether,  under  the  various  proofs  of  the  Britisli 
agency,  in  exciting  Indian  hostilities  against  the  United  States,  in  a  time 
or  peace,  presented  in  the  course  of  the  present  narrative,  the  Prince  He- 
gent's  declaration,  that,  ''before  the  war  began,  a  policy  the  most  opposite 
had  been  uniformly  pur>  -d,"  by  the  British  government,tt  is  to  be 
Ascribed  to  a  want  of  iuf  .-mation,  or  a  want  of  candor,  the  American 
government  is  not  disposed,  more  particularly,  to  investigate. 

But,  independent  of  these  causes  of  just  complaint,  arising  in  a  lime 
of  peace,  it  will  be  found,  that  when  the  war  was  declared,  the  alliance 
of  the  British  government  with  the  Indians,  was  avowed,  upon  princi- 
ples, the  most  novel,  producing  consequences  the  most  dreadful.  The 
savages  were  brought  into  the  war,  upon  the  ordinary  footing  of  allies, 
without  regard  to  the  inhuman  characterof  their  warfare  ;  which  neither 
spares  age,  nor  sex  :  and  which  is  more  desperate  towards  the  captive,  at 
the  stake,  than  even  towards  the  combatant,  in  the  field.  It  seemed  to 
he  a  stipulation  of  the  compact  between  the  allies,  that  the  British  might 
imitate  but  should  not  control,  the  ferocity  of  the  savages.     While  the 

•  See  the  letter  from  Mr.  M  Kee  to  colonel  England,  dated  the  2d  of  July,  1794i 

t  Sec  the  letter  from  the  same  to  the  game,  dated  the  5ih  of  July,  1794. 

4  See  the  same  letter. 

$  See  the  same  letter. 

Jl  See  Ihe  same  letter. 

%  See  the  letter  from  the  tame  to  the  same,  dated  the  ISth  of  August,  1794. 

"•  See  the  letter  from  the  same  to  the  shme,  dated  the  30lh  of  August,  179^,. 

tt  See  tb«  prince  regent's  declaration  of  the  lOtli  of  January,  111.3. 


of 
,  the  curres' 
lie  (lot'umeuts 
i  fetv  letters 
letters,  writ- 
e  conimander 
',"  and  dated 
rpii.  Wayne's 
le  scalps  tuk> 
the  rapids  of 
re  concerted 
es  of  Indians 
risoners,  and 
nientedi  that 
reat  influx  of 
their  resolu* 
mediately  to 
evail  on  the 

amimmition 
y  ditlicult  to 
iiakiii^  great 

language  of 
that  it  Seems 
,  on  (he  part 
Indian  uar, 
niled  States, 
view  the  sit- 
and  Indians. 
lose  one  mo- 
I,  is  an  addi- 
several  days 
om  their  vil<- 
reek  is  gen- 
the  delivery 
f  the  British 
es,  in  a  time 
'  Prince  Re- 
lost  opposite 
,tt  is  to  be 
le  American 

• 

ng  in  a  (ime 
the  alliance 
upon  princi- 
adfiil.  The 
ng  of  allies, 
hieh  neither 
e  captive,  at 
It  seemed  to 
ritish  might 
While  the 

uly.  1794* 


1794. 
179*. 


39 

iBritish  troops  beheld,  without  compunction,  the  tomahawk  and  the  scalp- 
ing knife,  brandished  against  prisoners,  old  men  and  children,  and  even 
against  pregnant  women,  and  while  they  exultingly,  accept  the  bloody 
scalps  of  the  slaughtered  Americiins  ;*  the  Indian  exploits  in  buttle,  are 
recounted  and  applauded  by  the  British  general  orders.  Rank  and  sta- 
tion are  assigned  to  litem,  in  the  military  niovenienls  of  the  British  army  ; 
and  the  unhallowed  league  was  ratilied,  with  appropriate  emblems,  hV 
intertwining  an  American  scalp,  with  the  decorations  of  the  mace,  whicn 
the  commander  of  the  northern  army  of  the  United  Htates  found  in  the 
legislative  chamber  of  York,  the  capital  of  Upper  Canada. 

In  the  single  scene,  that  succeeded  the  battle  of  Frenchtown,  near  the 
river  Raisin,  where  the  American  troops  were  defeated  by  (he  allies,  un-    ' 
der  the  command  of  general  Proctor,  there  will  be  found  concentrated,  up-* 
on  indisputable  proof,  an  illustration  of  the  horrors  of  the  warfare,  which 
Great  Britain  has  pursued,  and   still  pursues,  in  co-operation  with  the 
savages  of  the  south,  as  well  as  with  the  savages  of  the  north.     The 
American  army  capitulated,  on  2 id  of  January,  1813  ;  yet,  after  the  faitb 
of  the  British  commander  had  been  pledged,  in  the  terms  of  the  capitula- 
tion ;  and  while  the  British  officers  and  soldiers,  silently  and  exultingly, 
eontcmplated  the  scene,  some  of  the  American  prisoners  of  war  vvero 
to«nahawked,  some  were  shot,  and  some  were  burnt.     Many  of  the  unarm- 
ed inhabitants  of  the  Michigan  territory  were  massacred  ;  their  property 
was  plundered,  and  their  horses  were  destroyed.t     The  dead  bodies  of 
the  mangled  Americans,  were  exposed,  unburied,  to  be  devoured  by  dogs 
and  swine  ;  "because  as  the  British  officers  declared,  the  Indians  would 
not  permit  the  interment  ;t  and  some  of  the  Americans,  who  survived  the 
oarnage,  had  been  extricated  from  danger  only  by  being  purchased  at  a  ' 
price,  as  a  part  of  the  booty  belonging  to  the  Indians.     But,  to  complete 
this  dreadful   view  of  human  depravity,  and  human  wretchedness,  it  is 
only  necessary  to  add,  that  an  American  physician,  who  was  despatched    - 
with  a  flag  of  truce,  to  ascertain  the  situation  of  his  wounded  brethren, 
and  two  persons,  his  companions,  were  intercepted  by  the  Indians,  in  their 
humane  mission  ;  the  privilege  of  the  flag  was  disregarded  by  (he  British 
officers  ',  the  physician,  after  being  wounded,  and  one  of  bis  eompaniunsy 
were  made  prisoners  ;  and  the  third  person  of  the  party  was  killed. $ 

But  the  savage,  who  had  never  known  the  restraints  of  civilized  life, 
and  the  pirate,  who  had  broken  the  bonds  of  society,  were  alike  the  ob- 

i'ects  of  British  conciliation  and  alliance,  for  the  purposes  of  an  nnparal- 
eled  warfare.  A  horde  of  pirates  and  outlaws  had  formed  a  confederacy 
and  established  on  the  island  of  Barrataria,  near  the  mouth  of  the  river 
Mississippi.  Will  Europe  believe,  that  the  commander  of  the  British 
forces,  addressed  the  leader  of  the  confederacy,  from  the  neutral  territory 
of  Pensacola,  ^^calling  upon  him.  with  his  brave  followers,  to  enter  into 
the  service  of  Great  Britain,  in  which  he  should  have  the  rank  of  cap- 
tain ;  promising  that  lands  should  be  given  to  them  all,  in  proportion  to 
their  respective  ranks,  on  a  peace  taking  place ;  assuring  them,  that  their 
property  should  be  guaranteed,  and  theii  persons  protected  ;  and  asking, 
in  return,  that  they  would  cease  all  hostilities  against  Spain,  or  thoailieit 
of  Great  Britain,  and  place  their  ships  and  vessels,  under  the  British 

•  See  tlie  letter  from  tlie  American  general  Flarrison,  to  the  Rrifish  general  Proctor. 

See  a  letter  from  the  British  raHJor  Muir,  fiidian  ngent,  to  colonel  i'roctor,  diUeil  tlie 
26th  September,  1812,  nud  a  letter  from  colonel  St  George  to  colonel  Proctor,  dated  the 
S8th  of  October,  1812,  found  among  colonel  Proctor's  papers. 

t  See  the  report  of  the  committcje  of  f'le  house  of  representatives,  on  the  31st  of  July, 
1812  ;  and  the  depositions  and  documents  accompanying  it. 

t  See  the  official  report  of  Mr.  Baker,  the  agent  for  the  prisoners,  to  brigadier  gen< 
eral  Winchester,  dated  the  26th  of  February,  1813. 

§  In  addition  to  this  description  of  savage  warfare,  under  British  auspices,  see  the 
fsots  contttined  in  the  cerrespondenoe  batwceo  general  Hcrrlsgn,  and  general  Drummond. 


40 


cummanding  onicer  ou  the  station,  until  the  comiuauder  in  uhiel's  plcaif- 
urc  should  he  kaown,  with  a  guarantee  of  their  fair  value  at  all  events  ?"* 
There  wanted  only  to  exempilify  the  debasement  of  such  an  act,  the  oc- 
eurrence,  that  the  pirate  should  spurn  the  proffered  alliance  ;  and,  accor- 
dingly, Latitte's  answer  was  indignantly  given,  by  a  delivery  of  the  let- 
ter, containing  the  British  proposition,  to  the  American  governor  of 
Louisiana. 

There  were  other  sources,  however,  of  support,  i^'hich  Great  Britain 
was  prompted  by  her  vengeance  to  employ,  in  opposition  to  the  plainest 
dictates  of  her  oivn  colonial  policy.  The  events  which  have  extirpated, 
or  dispersed,  the  white  population  of  St.  Domingo,  are  in  the  reeolleetion 
of  all  men.  Although  British  humanity  might  not  shrink,  from  the  in- 
fliction of  similar  calamities  upon  the  southern  states  of  America,  the 
danger  of  that  course,  either  as  an  incitement  to  a  revolt,  of  the  daves  in 
the  British  islands,  or  as  a  cause  for  retaliation,  on  the  part  of  the  United 
States,  ought  to  have  admonished  her  against  its  adoption.  Yet,  in  a  for- 
mal proclamation,  issued  by  (he  comraanderinchief  of  his  Britannic  maj- 
esty's squadrons,  upon  the  American  station,  the  slaves  of  the  American 
planters  were  invited  to  join  the  British  standard,  in  a  covert  phraseology, 
that  afforded  but  a  slight  veil,  for  the  real  design.  Thus,  Ad.  Cochrane, 
reciting,  'Hhat  it  had  been  represented  (o  him,  that  many  persons  now 
resident  in  the  United  States,  had  expressed  a  desire  to  withdraw  there- 
from, with  a  view  of  entering  into  his  majesty's  servicp,  or  of  being  re- 
ceived as  free  settlers  into  some  of  his  majesty's  colonies,"  proclaimed, 
that  "all  thoiie  who  might  be  disposed  to  emigrate  from  the  United  States^ 
ivnuld,  with  their  families,  be  received  on  board  of  his  majesty's  ships  or 
vessels  of  war,  or  at  the  military  posts  that  might  be  established  upon, 
or  near,  the  coast  of  the  United  States,  when  they  would  have  their  choice 
of  either  entering  into  his  majesty's  sea  or  land  forces,  or  of  being  sent  as 
free  settlers  to  the  British  possessions  in  North  Anierica,  or  the  West 
Indies,  where  they  would  meet  with  all  due  encouragement."t  But  even 
the  negroes  seem,  in  contempt,  or  disgust,  to  have  resisted  the  solicitation  ; 
no  rebellion,  or  massacre,  ensued ;  and  the  allegation,  often  repeated, 
that  in  relation  to  those  who  were  seduced,  or  forced,  from  the  service  of 
their  masters,  instances  have  occurred  of  some  being  afterwards  transport- 
ed to  the  British  West  India  islands,  and  there  sold  into  slavery,  for  the 
benefit  of  the  captors,  remains  without  contradiction.  So  complicated  an 
act  of  injustice  would  demand  the  reprobation  of  mankind.  And  let  the 
British  government,  which  professes  a  just  abhorrence  of  the  African 
slave  trade;  which  endeavors  to  impose,  in  that  respect,  restraints  upon 
the  domestic  policy  of  France,  Spain,  and  Portugal ;  answer,  if  it  can,  the 
solemn  charge,  against  their  faith,  and  their  humanity. 

3.  Great  Britain  has  violated  the  laws  of  civilized  warfare,  by 
plundering  private  property ;  by  outraging  female  hqnor ;  by  burning  an- 
protected  cities,  towns,  villages,  and  houses ;  and  by  laying  waste  whole 
districts  of  an  unresisting  country. 

The  menace  and  the  practice  of  the  British  naval  and  military  force, 
"to  destroy  and  lay  waste  such  towns  and  districts  upon  the  American 
coast,  as  might  be  found  assailable,"  have  been  excused  upon  the  pretext 
of  retaliation,  for  the  wanton  destruction  committed  by  the  Amerieaii  ar- 
my in  Upper  Canada  ;"^  but  the  fallacy  of  the  pretext  has  already  been 
expuseil.  It  will  be  recollected,  however,  that  the  act  of  burning  Newark 
was  iiistantanooHsk  disavowed  by  the  \merican  government :  that  it  oc- 
curred in  December,  IS  13 ;  and  that  Sir  George  Prevost  himself  acknovvl- 


1 


*  Seethe  letter  addressed  hj  Kdn^ard  Nichols,  lie*iteniint*eoloncl  commanding  his 
TtfitHnnie  majesty's  furcbs  in  the  Floridas,  to  Monsieur  Lafitte,  or  the  comnandant  at 
ttarrntaria,  dated  the  31st  of  August,  t^l4. 

t  See  admiral  Cochrane's  proclamation,  dated  at  Brrfnad:^,  the  2d  of  April,  1814. 

t  See  aUmii-al  Coohraae's  letter  to  Mr.  A^-ioe,  dated  Augvst  18,  1814. 


1  events  ?"* 
act,  the  nc- 

and,  accor- 
\j  of  the  let- 

overuor  of 

reat  Britain 
the  plainest 
extirpated, 
recollection 
from  the  in- 
Ltnerica,  the 
he  slaves  ia 
f  the  United 
f  et,  in  a  for- 
itannic  niaj- 
le  Americair 
ihraseology, 
1.  Cochrane, 
persons  now 
idraw  tliere- 
)f  being  re- 
proclaimed, 
nited  States^ 
ty's  ships  or" 
lished  upon, 
» their  choice 
being  sent  as 
nr  the  West 
t  But  even 
solicitation ; 
en  repeated, 
he  service  of 
ds  transport- 
very,  for  the 
fnplieated  an 
And  let  the 
the  African 
itrtiints  upon 
if  it  can,  the 

warfare,  by 
'  burning  na> 
waste  whole 

litary  force, 
e  Americaa 
i  the  pretext 
Imericari  ar> 
ih'cady  been 
ling  Newark 
:  that  it  oo- 
elf  acknovvl- 


immandinK  his 
iomnandant  at . 

Lpril,  1814. 


41 

edged,  on  the  10th  of  February,  181*,  that  the  measure  «f  retaliation,  fot 
all  the  previously  imputiMl  mis(^onduct  of  the  American  troops,  was  then 
full  and  complete.*  Between  the  month  of  February,  18 1*,  when  that 
acknowledgement  was  made,  and  the  month  of  August,  1814,  when  the 
British  admiral's  denunciation  was  issued,  what  are  the  outrages  upon 
the  part  of  the  American  troops  in  Canada,  to  justify  a  call  for  retalia' 
tion  ?  Vo:  it  was  the  system,  not  the  incident,  of  the  war;  and  intelli- 
gence of  the  system  had  been  received  at  Washington,  from  the  American 
agents  in  £iirop3,  with  reference  to  the  operations  of  admiral  I  Warren, 
upon  the  shores  of  the  Chesapeake,  long  before  admiral  Cochrane  had 
succeeded  to  the  command  of  the  British  fleet,  on  the  American  station. 

As  an  appropriate  introduction  to  the  kind  of  war,  which  O.  Britain 
intended  to  wage  against  the  inhabitants  of  the  United  States,  transactions 
occurred  in  England,  under  the  avowed  direction  of  the  governm  "nt  itself, 
that  could  not  fail  to  wound  the  moral  sense  of  every  candid  and  generous 
spectator.  All  the  oflicers  and  mariners  of  the  American  merchant  sliips, 
who,  having  lost  their  vessels  in  other  places,  had  gone  to  England  on 
the  way  to  America ;  or  who  had  been  employed  in  British  merchant 
ships,  but  were  desirous  of  returning  home  ,;  or  who  ha  I  b -en  detained  in 
consequence  of  the  condemnation  o^ their  vessels  unrler  the  British  orders 
in  council;  or  who  had  arrived  in  England,  through  any  of  the  other 
casualties  of  the  seafaring  life  ;  were  co;i;le!niirtd  to  be  treated  as  prisoners 
afwar;  nay,  some  of  them  were  actually  impressed,  while  soliciting 
their  passports  ;  although  not  one  of  their  number  had  been,  in  any  way, 
engaged  in  hostilities  against  Great  Britain  ;  and  although  the  American 
government  had  aiTorded  every  facility  to  the  departure  of  the  same  class, 
as  well  as  of  every  other  class,  of  British  subjects,  from  the  United  States, 
for  a  reasonable  period,  after  the  declaration  of  war  f  But  this  act  of 
injustice,  for  which  even  the  pretext  of  retaliation  has  not  been  advanced, 
was  accompanied  by  another  of  still  greater  cruelty  and  oppression.  The 
American  seamen,  who  had  been  enlisted,  or  impressed,  into  the  naval 
service  of  Great  Bri'ain,  were  long  retained,  and  many  of  them  are  yet 
retained,  on  board  of  British  ships  of  war,  where  they  are  compelled  to 
combat  against  their  country  and  their  friends  ;  and  even  when  the  Brit- 
ish government  tardily  and  reluctantly  recognized  the  citizenship  of  im- 
pressed Americans,  to  a  number  exceeding  one  thousand  at  a  single  naval 
station,  and  dismissed  them  from  its  service  on  the  water;  it  was  only  to 
immure  them  as  prisoners  of  war  on  the  shore.  These  unfortu.iate  per- 
sons, who  had  passed  into  the  power  of  the  British  government,  by  a  viof 
lation  of  their  own  rights  and  inclinations,  as  well  as  of^lhe  rights  of  their 
country,  and  who  could  only  be  regarded  as  the  spoils  of  unlawful  vio- 
lence, were,  nevertheless,  treated  as  the  fruits  of  lawful  war-  Such  was 
the  indemnification,  which  Great  Britain  ottered  for  the  wrongs,  that  she 
had  inflicted ;  and  such  the  reward,  which  she  bestowed,  for  services 
that  she  had  received.^ 

Nor  has  the  spirit  of  British  warfare  been  confined  to  violations  of 
the  usages  of  civilized  nations,  in  relation  to  the  United  States.  The 
system  of  blockade,  by  orders  in  council,  has  been  revived;  and  the 
American  coast,  from  iVfaine  to  Louisiana,  has  been  declared,  by  the 
proclamation  of  a  British  admiral,  to  be  in  a  state  of  blockade,  whi  ',K 
every  day's  observation  proves  to  be,  practically,  ineffectual,  and  which, 
indeed,  the  whole  of  the  British  navy  would  be  unable  to  enforce  and. 
inaintain.§    Neither  the  orders  in  council,  acknowledged  to  be  generally 

*  See  sir  George  Prevust's  letter  to  Gen.  Wilkinson,  dated  10th  Feb.  181 4. 

t  See  Mr.  Beasley's  oorrespoudence  with  the  British  governmeut,  in  Oct.  N^ov.  and 
Bee  1812. 

See,  also,  the  act  of  congress,  passed  the  6th  July,  1812. 

t  See  the  letter  from  Mr.  lieHsley,  to  Mr.  M<Leay.  d«ted  the  13th  of  March,  1815. 

$  Seethe  sucoessive  blockades  announced  by  the  OiiUjib  gov^FPLinent;  mid  the  succe^ 
sivc  naval  commanders  oa  Ul9  J^SBSs)s^^  ftH>9a* 


42 


■>Kr  > 


unlauful,  and  declared  to  be  merely  ref aliaf ory  upon  France  j  nor  (Lc 
nerliii  and  Milan  deCrrta,  Hliich  placed  the  Uritisii  islandH  in  a  state  ui' 
blockade,  without  the  force  of  a  single  squadron  to  maintain  it;  M'cre,  in 
principle,  more  injurious  to  the  rights)  of  neutral  commerce,  than  the  ex- 
isting blockade  of  the  United  Hlateti.  The  revival,  therefore,  of  the 
system,  without  the  retaliatory  pretext,  munt  demonstrate  to  the  world, 
a  determination,  on  the  part  of  Great  Britain,  to  acquire  a  commercial 
monopoly,  by  every  demonstration  of  her  naval  power.  The  trade  of  (he 
Uiitled  8tates  with  Russia,  and  with  other  northern  powers,  by  whose 
governments  no  edicts,  violating  neutral  rights,  had  been  issued,  was  cut 
uif  by  the  operation  of  the  British  orders  in  OMincil  of  \he  year  1807,  as 
eftectually  as  their  trade  with  France  and  her  allies,  although  the  retali- 
atory principle  was  totally  inapplicable  to  the  case.  And  the  blockade 
of  the  year  1814,  is  an  attempt  to  destroy  the  trade  of  (hose  nations,  and 
indeed,  of  all  the  other  nations  of  £urope,  with  the  United  States ;  while 
Great  Britain,  herself,  with  the  same  policy  and  ardor,  that  marked  her 
illicit  trade  with  France,  when  France  was  her  enemy,  encourages  aolan-> 
destine  traffic  between  her  subjects  and  the  American  citizens,  wherever 
her  possessions  come  in  contact  with  the  territory  of  the  United  States. 

But  approaching  nearer  to  the  scenes  of  plunder  and  violence,  of  cru- 
elty and  conflagration,  which  the  British  warfare  exhibits  on  the  coast  of 
the  United  States,  it  must  be  again  asked,  what  acts  of  the  Americaa 
government,  of  its  jihips  of  war,  or  of  its  armies,  had  occurred,  or  were 
even  alleged,  as  a  pretext,  for  the  pepetration  of  this  series  of  outrages  ? 
It  will  not  be  asserted,  that  they  were  sanctioned  by  the  usages  of  modern 
war;  because,  the  sense  of  all  Europe  would  revolt  at  the  assertion.  It- 
will  not  be  said,  that  they  were  the  unauthorized  excesses  of  the  British 
troops;  because  scarcely  an  act  of  plunder  and  violence,  of  cruelty  and 
conflagration,  has  been  committed,  except  in  the  immediate  presence,  under 
the  positive  orders,  and  with  the  personal  agency,  of  British  officers.  It 
must  not  be  again  insinuated,  that  they  were  provoked  by  the  American 
example;  because  it  has  been  demonstrated,  that  all  such  insinuations  are 
without  color,  and  without  proof.  And,  after  all,  the  dreadful  and  dis- 
graceful progress  of  the  British  arms,  will  be  traced,  as  the  effect  of  that 
animosity,  arising  out  of  recollections  connected  with  the  American  revo- 
lution, which  has  already  been  noticed;  or,  as  the  effect  of  that  jealousy, 
which  the  commercial  enterprise,  and  native  resources,  of  the  United 
States,  are  calculated'  to  excite,  in  the  councils  of  a  nation  aiming  at 
universal  dominion  upon  the  ocean. 

In  the  month  of  April,  1813,  the  inhabitants  of  Poplar  Island,  in  the 
liay  of  Chesapeake,  were  pillaged ;  and  the  cattle  and  other  live  stock  of 
the  farmers,  beyond  what  the  enemy  could  remove,  were  wantonly  killed  * 

In  the  same  month  of  April,  the  wharf,  the  stores,  and  the  fishery,  at 
Frenchtown  Landing,  were  destroyed,  and  the  private  stores,  and  store- 
houses, in  the  village  of  Frenchtown,  were  burnt.t 

In  the  same  month  of  April,  the  enemy  landed  reppatedly  on  Sharp't 
Island,  and  made  a  general  sweep  of  the  btock,  affecting,  however,  to  pay 
for  a  part  of  \i.\ 

On  the  Sd  of  May,  18(3,  the  town  of  Havre  de  Grace  was  pillaged  and 
burnt,  by  a  force  under  the  command  of  admiral  Cockhurn.  The  British 
officers,  bt^ing  ad innnished,  'Mhat  wi(h  civilized  nations  at  war,  privato 
property  had  always  been  respected,"  hastily  replied,  "that  as  the 
Americans  wanted  wnr.  thev  should  now  feel  its  effects  ;  and  that  the  town 
should  be  Iai<l  in  ashes.'*  't'hey  broke  the  windows  of  the  church;  they 
purloined  tlip  houses  nf  the  furniture  ;  they  stripp)*d  wom'>n  and  children 
of  their  clothes;  and  when  an  unfortunate  female  complaiQ«d,  that  she 

*  See  the  depnsition  oF  William  Sears. 

t  See  the  d(  positions  of  Fri8l>v   VoderMU  UtdGoNclii  Ffinaio  gtOlU 
lepoiit' 


i 


4b3 


e;  nor  (be 
n  a  state  ul' 
t ;  were,  ia 
an   the  ex- 
ore,  of  the 
tiie  world, 
commercial 
trade  of  (he 
by  ivhose 
led,  was  cut 
ar  1807,  as 
the  retali- 
le  blockade 
lations,  and 
tates;  while 
marked  her 
rages  a  rlan-> 
s,  wherever 
ted  States, 
ence,  of  eru- 
the  coast  of 
!  American 
red,  or  were 
of  ontrages  ? 
es  of  moderc 
sserlion.     U 
'  the  British 
cruelty  and 
>seuce,  under 
officers.     It 
e  American 
iniiations  are 
ful  and  dis- 
effect  of  that 
lerican  revo> 
[lat  jealousy, 
'  the  United 
t  aiming  at 

land,  in  the 
live  stock  of 
•nly  killed  * 
e  fishery,  at 
),  and  store" 

on  Sharp's 
ever,  to  pay 

illaged  and 
rhe  British 
var,  privato 
hat  as  the 
lat  the  town 
urch;  they 
nd  children 
Bit,  that  sh« 


v^uld  not  leave  her  house  with  her  little   children,  she  was  unfeelingly 
told,  "that  her  house  should  be  burnt  with  hcrstli'und  iier  children  in  it/'* 

On  the  6th  of  May,  tSl3,  Frcdericki^towfi  tuid  Georgetown,  situated  on 
Sassafras  river,  in  the  state  of  Maryland,  were  pillaged  and  burnt,  and 
llie  adjacent  couTitry  was  laid  was^te,  by  a  force  under  the  command  of 
admiral  Cockburn  ;  and  the  ofhcers  were  the  mo^t  active  on  the  occasion.! 

On  the  2Zd  of  June,  IU13,  the  British  forces  made  an  attack  upou 
Craney  fsland,  with  u  view  to  obtain  possession  of  Norfolk,  which  the 
commanding  officers  had  promised,  in  case  of  siieeess,  to  give  up  to  the 
plunder  of  the  troopH.f  1  he  Briti^^h  were  repulsed;  but  enraged  by  de- . 
feat  and  disa,)p()inlmeut,  their  course  was  directed  to  Hampton,  which 
they  enter*  d  on  the  of  June.    The  scene,  that  ensued,  exceeds  all 

power  of  description  ;  and  a  detail  of  facts  would  be  offensive  to  the  feel- 
ings of  decorum,  hs  well  as  of  humanity.  A  defenceless  and  unresisting 
town  was  given  up  to  indiscriminate  pillage;  though  civiliz»'d  war  toler-> 
ates  this  only,  as  to  foriitied  places  ca>'ried  by  assault,  and  after  summons. 
Individuals,  male  and  teniule,  were  stripped  naked  ;  a  sick  man  was  stab- 
bed twice  in  the  hospitul ;  another  sick  man  was  shot  in  his  bed,  and  in 
the  arms  of  his  wife,  who  was  aUo  wounded,  long  after  the  retreat  of  the 
American  troops;  and  females,  the  married  and  the  single,  suffered  the 
extremity  of  personal  abuse  from  the  troops  of  the  enemy,  and  from  the 
infatuated  negroes,  at  their  instigaiion."§  The  fact,  that  these  atrocitiei 
were  committed,  the  commander  of  the  British  fleet,  admiral  Warren, 
and  the  commander  of  the  British  troops,  sir  Sidney  Beckwith,  admitted, 
without  hesitation  :||  but  they  resorted,  as  on  other  occasions,  to  the  un- 
worthy and  Hnavailing  pretext  of  a  justifiable  retaliation.  It  was  said, 
by  the  British  general,  'Hhat  the  excesses  at  Hampton,  were  occasioned 
by  an  occurreuce,  at  the  recent  attempt  upon  Craney  Island^  when  the 
British  troops  in  a  barge,  sunk  by  the  American  guns,  clung  to  the  wreck 
of  the  boat ;  but  several  Americans  waded  off  from  the  island,  fired  upon, 
and  !;hot  these  men."  The  truth  of  the  assertion  was  denied  ;  the  act,  if 
it  'lid  been  perpetrated  by  the  American  troops,  was  promptly  disavowed 
by  i  heir  commander ;  and  a  board  of  officers  appointed  to  investigate  the 
facts,  after  stating  the  evidence,  reported  "an  unbiassed  opinion,  that  the 
charge  against  the  American  troops  was  unsupported  ;  and  that  the  char- 
acter of  the  American  soldiery  for  humanity  and  magnanimity,  had 
not  been  committed,  but  on  the  contrary  confirmed.^  The  result  of 
this  enmiiry  was  communicated  to  the  British  general;  reparation  was 
demanded ;  but  it  was  soon  perceived,  that  whatever  might  personally  be 
the  liberal  dispositions  of  that  officer,  no  adequate  reparation  could  be 
made,  as  the  conduct  of  his  troops  was  directed  and  sanctioned  by  his 
government.** 

•  See  the  deposition  of  William  T.  Killpatrick,  James  Wood,  Rosanna  Moore,  and  R. 
Mansfield. 

f  Seethe  depositions  of  John  Stavely,  William  Speneer,  Joshua  Ward,  James  Seanlaa 
Richard  Barnaby,  F  R  Chandlcar,  Jon  ithan  Greenwood,  John  Alien,  T.  Robertson, 
M.  N.  Cannon,  and  J.  T.  Vearv. 

+  See  general  Taylor's  etter  to  the  Bceretary  at  war,  <\ntfA  the  2d  of  .Tuly,  1813. 

§  See  the  letters  from  general  Taylor  to  admiral  Warren,  dated  the  29th  of  June, 
1813;  to  general  sir  Sidney  Beckwith,  dated  the  4th  and  5th  of  July,  1813  ;  to  the  se- 
cretary of  war,  dated  the  2d  of  July,  1813;  and  to  cxptain  Myers,  sf  the  last  date. 

See,  also,  the  letter  from  major  Crutehiield  to  governor  Barbour,  duted  the  20th  of 
June,  1813  i  the  letters  from  rapt  Cooper  to  lieutenant  p;overnnr  Vlallory,  dated  in  July 
1813  ;  the  report  of  Messrs  Griflin  and  Lively  to  major  Crutohiield,dated  the  4th  of  July 
1813;  and  col.  Parker's  publication  in  the  Bnqtiirer. 

(I  See  admiral  Warren's  le  ter  to  genaral  Taylor,  daied  t'.ic  29th  of  Jqne,  1813;  air 
Sidney  Beckwith's  letter  to  general  Taylor,  dated  the  same  day;  and  the  report  of  capt. 
Myers  togenc.-al  Taylor,  of  July  2,  1813. 

%  See  the  rei'Ort  of  the  proceedings  of  the  board  of  officers,  appointed  by  the  general 
order,  of  the  1st  of  July,  1813. 

**  See  gen.  Taylor's  letter  tosir  Sidney  Be«kwitb,  dated  th«  Sth of  Jh^,  1 813 )  «nd  the 
afuver  of  the  following  day. 


4i< 


?(i 


'i 


ij 


'fi 


■During  the  period  of*  these  trnnsactions,  the  village  of  Lewisitown, 
near  the  capes  of  the  Delaware,  inhabited  chieHy  by  fisherman  and  pilots, 
niiii  (he  village  oi'Stoniii^ton.  seated  upon  the  shores  ofConneeticut,  were 
iitisiM-cesst'ully  bombarded.  Armed  parties,  led  by  ofliccrs  of  rank,  landed 
(luiiy  from  the  j^ritish  srjiiadron,  making  prt^datory  incursions  into  the 
open  country ;  rifling  and  burning  the  houses  and  cottages  of  peaceable 
and  retired  families:  pillaging  (hti  produce  of  the  planter  and  the  farmer; 
(tiieir  tubai-eo,  i  heir  grain,  and  their  c;v<tle  ;)  committing  violence  on  the 
persoiiH  of  the  unprotected  inhabitants;  seizing  upon  slaves,  wherever 
they  could  be  found,  as  booty  of  war;  and  breaking  open  the  coiHius  of 
the  d>Md.iii  search  of  plunder,  or  committing  robbery  on  the  altars  of  a 
church  at  Chaptico,  St.  Inagoes  and  Tappahanuock,  with  a  si^crilegious 
rage. 

But  the  consummation  of  British  outrage,  yet  remains  to  be  stated 
from  the  awful  and  imperishable  memorials  of  the  capital  at  Washing- 
ton. It  has  been  already  observed,  that  the  massacre  of  the  American 
prisoners,  at  the  river  Kaisin,  occurred  in  January,  1813  ;  that  through- 
out the  same  year,  the  desolating  warfare  of  Great  Britain,  without  once 
alleging  a  retaliatory  excuse,  made  the  shores  of  the  Chesapeake,  and 
of  its  tributary  rivers,  a  general  scene  of  ruin  and  distress  ;  and  that  in 
the  month  of  February,  1814,sir  George  Prevost  himself,  acknowledged 
that  the  measures  of  retaliation,  for  the  unauthorized  burning  of  New- 
ark, in  December,  1813,  and  for  all  the  excesses,  which  had  been  im- 
ptited  to  il;*?  American  ariny,  was,  at  that  time,  full  and  complete.  The 
U.  Stales,  inileed,  regarding  what  was  due  to  their  own  character,  rather 
than  what  was  due  to  the  conduct  of  their  enemy,  had  forborne  to  au- 
thorize a  just  retribution  ;  and  even  disdained  to  place  the  destruction  of 
Newark  to  retaliatory  account,  for  the  general  pillage  and  conflagration 
>vhich  had  been  previously  perpetrated.  It  was  not  without  astonish- 
ment, therefore,  that  after  more  than  a  year  of  patient  suft'ering,  they 
heard  it  announced  in  August,  1814,  that  the  towns  and  districts  npon 
their  coast,  were  to  be  destroyed  and  laid  waste,  in  revenge  for  unspe- 
cified and  unknown  acts  of  destruction,  which  were  charged  against  the 
American  troops  in  Upper  Canada.  The  letter  of  admiral  Cochrane 
Mas  dated  on  the  ISlh,  but  it  was  not  received  until  the  31st  of  Au- 
gust, 1S14.  In  the  intermediate  time,  the  enemy  debarked  a  body  of 
about  five  or  six  thousand  troops  at  Benedict,  on  (lie  Patuxent,  and  by 
a  sudden  and  steady  inarch,  through  Bhidensburgh,  approached  the 
city  of  Washington.  Tliis  city  has  been  selected  for  the  seat  of  the 
American  government ;  but  the  number  of  its  houses  does  not  exceed 
iiiiie  hundred,  spread  over  an  extensive  site  ;  the  whole  number  of  its 
inhabitants  does  not  exceed  eight  thousand  ;  and  the  adjacent  country  is 
thinly  populated.  Although  the  necessary  pwcautions  had  been  order- 
ed, to  assomlile  tiie  militia,  for  the  defence  of  the  city,  a  variety  of  causes 
Vouibiiieil  to  render  the  defence  unsuccessli/l  ;  and  the  enemy  took  pos- 
session of  Washiiigton,  on  the  evening  of  the  24tli  of  August,  1814. 
'I'he  commanders  of  the  British  force,  held,  at  that  time,  admiral  Coch- 
raine's  desolating  order,  although  it  was  then  unknown  to  the  govern- 
ment and  (he  people  of  the  United  States  ;  but  conscious  of  the  danger 
of  so  distant  a  separation  from  the  British  fleet,  and  desirous,  by  every 
plausible  artjfice,  to  deter  the  citizens  from  flying  to  arms  against  the 
invaders,  they  disavowed  all  design*  of  injuring  private  persons  and  pro- 
perty, and  gave  assurances  «»*'  protectio!i,  wherever  there  was  submis- 
sion. General  Ross  and  admiral  Cockburn  then  proceeded  in  person, 
to  direct  and  superintend  the  busiiiess  of  con»iagration  ;  in  a  place,  which 
had  yielded  to  their  arms,  which  was  unfortified,  and  by  which  no  hos- 
tility was  threatened.  They  set  fire  to  the  capitol,  within  whose  walls 
^.vcrc  contained,  th(}  halls  of'tlie  congress  of  the  United  States,  the  lutll 


45 


Lewisiiowny 
and  pilots, 
cticut,  wero 
ank,  landed 
m  into  the 
f  peaceable 
the  farmer  J 
ence  on  the 
wherever 
c  coflius  of 
altars  of  a 
lacrilegious 

0  be  stated 
t  Washing- 
e  American 
at  through-- 
vithont  ouce 
ipeake,  and 
and  (hat  in 
knowledged 
lug  of  IVew- 
Eid  been  im- 
nplete.  The 
icter,  rather 
orue  to  au- 
^struction  of 
onflagration 
it  astonish- 
fering,  they 
stricts  upon 
for  iinspe- 
I  against  the 
il  Cochrane 
ilst  of  A;^. 
1  a  body  of 
;nt,  and  by 
oached  the 
;  seat  of  the 
not  exceed 
nher  of  its 
it  country  is 
been  oider- 
ty  of causes 
ly  took  j»os- 
gust,    1814. 
liral  Coch- 
the  govern- 
the  danger 
8,  by  every 
against  the 
ns  and  pro- 
as submis- 
J  in  person, 
lace,  which 
ch  no  ho^- 
'hose  wallg 
BS,  the  lutlf 


of  their  heighcst  tribunal  for  the  administration  of  justice,  the  archive«^ 
of  the  legislature,  and  the  national  library.  They  set  iire  to  the  edii.ee, 
which  the  United  States  had  erected  for  the  residence  of  their  I'lnef 
magistrate.  And  they  set  tire  to  the  costly  and  extensive  buti  lings, 
erected  for  the  accommodation  of  the  principal  officers  of  ihe  government, 
in  the  transaction  of  the  public  business.  These  magniticent  monuments 
of  the  progress  of  the  arls,  which  America  had  borrowed  from  her 
parent  £urope,  with  all  the  testimonials  of  taste  and  literature  which 
they  contained,  were  on  the  memorable  night  of  the  24th  of  August, 
consigned  to  the  flames,  while  British  officers  of  high  rank  and  com- 
mand, united  with  their  troops  in  riotous  carousals,  by  the  light  of  the 
burning  pile. 

But  the  character  of  the  incendiary  had  so  entirely  superceded  the 
character  of  the  soldier,  on  this  unparalleled  expedition,  that  u  great  por- 
tion of  the  munitions  of  war,  which  had  not  been  consumed,  when  the 
navy  yard  was  ordered  to  be  destroyed  upon  the  appoach  of  the  British 
troops,  were  left  untouched ;  and  an  extensive  foundery  of  cannon,  ad- 
joining the  city  of  Washington,  was  left  uninjured  ;  when,  in  the  night 
of  the  25th  of  August,  the  army  suddenly  decamped,  and  returning,  with 
evident  marks  of  precipitation  and  alarm,  to  their  siiips,  left  the  interment 
of  their  dead,  and  the  care  of  their  wounded,  to  the  enemy,  whom  they 
had  thus  injured  and  insulted,  in  violation  of  the  laws  of  civilized  war. 

Thb  counterpart  to  the  scene  exhibited  by  the  British  army,  was  next 
exhibited  by  the  British  navy.  Soon  after  the  midnight  flight  of  general 
Roes  from  Washington,  a  squadron  of  British  ships  of  war  ascenned  the 
Potomac,  and  reached  the  (own  of  Alexandria,  on  the  27th  of  August, 
1814.  The  magistrates,  presuming  that  the  general  destruction  of  the 
town  was  intended,  asked,  on  \\ha\  terms  it  might  be  saved.  The  naval 
commander  declared,  'Uhat  the  only  conditions  in  his  power  to  offer, 
were  such  as  not  only  required  a  surrender  of  all  naval  and  ordnance 
stores,  (public  and  private,}  but  of  all  the  shipping;  and  of  ail  the  mer- 
chandise in  the  city,  as  well  as  such  as  had  been  removed,  since  the  Ittth 
of  August."  The  conditions,  therefore,  amounted  to^the  entire  plunder  of 
Alexandria,  an  unfortified  and  unresisting  town,  in  order  to  save  the  buil- 
dings from  destruction.  The  capitulation  was  ma<le  ;  and  the  enemy 
bore  away  the  fruits  of  liis  predatory  enterprise,  in  triumph. 

But  even  while  this  narrative  is  passing  from  the  press,  a  new  retalia- 
tory pretext  has  been  formed,  to  cover  the  disgrace  of  the  scene,  which 
was  transacted  at  AVashington.  In  the  address  of  the  governor  in  chief 
to  the  provincial  parliament  of  Canada,  on  the  24th  of  January,  1815,  it 
is  asserted,  in  ambigious  language,  "(hat,  as  a  just  retribution,  the  proud 
capital  of  Washington,  has  experienced  a  similar  fate  to  that  inflicted  by 
an  Ainericai.  force  on  the  seat  of  government,  in  Upper  Canada."  The 
town  of  York,  in  Upper  Canada,  was  taken  by  the  American  army  under 
the  command  of  general  Dearborn,  on  the  27th  of  April,  IS  13;*  and  it 
was  evacuated  on  the  succeeding  Ist  of  May  ;  althongh  it  was  again  visit- 
ed for  a  day,  by  an  American  squadron,under  the  command  of  commodore 
Chauncy,  on  the  4th  of  August. t  At  the  time  of  the  capture,  the  enemy, 
on  his  retreat,  set  tire  to  Itis  magazine,  and  the  injury  produced  by  the 
explosion  was  great  and  extensive  ;  but  neither  then,  nor  on  (he  visit  of 
commodore  Chauncy,  was  any  editice,  w  hich  had  been  erected  for  civil 
uses,  destroyed  by  the  authority  of  the  military  or  the  naval  commander; 
and  the  destruction  of  such  edifices,  by  any  partof  their  force,  would  have 
been  a  direct  violation  of  the  positive  orders  which  they  had  issued.     On 

"  See  the  letters  from  general  Dearborn,  to  the  sccretarj  ^f  war,  dated  the  27th  and 
28th  of  April,  1813. 

t  !^ce  the  letter  from  commodore  Chauncy  to  tlie  s^crcta'y  of  the  navy,  dated  the  4iti 
^Bf  August,  J813, 


40 


both  oeeasinns,  indeed,  (he  public  stores  of  the  enemy  >Tere  authorised  t» 
be  liezed,  and  his  publie  storehouses  to  be  burnt  ;  but  it  is  knoun  that 
private  persona,  houses,  and  pruptMty,  were  left  uninjured.  If,  therefore, 
«ir  George  Prevost  deemb  such  aetn  inflicted  on  'Hhe  seat  of  government 
in  Upper  C'anada"  similar  to  the  acts  which  were  peipetrated  at  Wash^ 
ington,  he  has  yet  to  perform  the  tank  r.f  trnciui;  the  features  of  similarity  ; 
•incc,  at  Washinston  the  public  edifices  wliiuh  had  been  erected  for  civil 
uses,  were  alone  destroyed,  while  the  muniliuus  of  war,  and  the  foundaries 
of  cannon,  remained  untouched. 

If,  however,  it  be  meant  to  affirm  that  the  public  edifices,  occupied  by 
the  legislature,  by  the  «hief  magistrate,  by  the  courts  of  justice,  and  by 
the  civil  functionaries  of  the  province  of  Upper  (Canada,  with  the  provin« 
cial  library,  were  destroyed  by  the  Amerieuu  force,  it  is  an  occurrence 
which  has  never  been  before  presented  to  the  view  of  the  American  gov- 
ernment, by  its  own  officers,  as  matter  of  information;  nor  by  any  of 
the  military  or  civil  authorities  of  Canada,  as  matter  of  complaint ;  it 
is  an  occurrence  which  no  American  commander  had  in  any  uet^ree  au- 
ihorizedor  approved  ;  and  it  is  an  occurrence  which  the  American  gov- 
ernment would  have  censured,  and  repaired  with  equal  promptitude  and 
liberality. 

But  a  tale  told  thus  out  of  date,  for  a  special  purpose,  cannot  command 
the  confidence  of  the  iulelligent  and  the  vaudid  auditor  ;  for,  even  if  the 
fact  of  conflagration  be  true,  suspicion  must  attend  tlie  cause  for  so  long  a 
concealment,  with  motives  so  strong  for  an  immediate  disclosure.  Wben 
sir  George  Prevost,  in  February,  1814,  acknowledged,  tha'.  the  measure  of 
retaliation  was  full  and  complete,  for  all  the  preceding  misconduct  iinput- 
ed  to  the  American  troops,  was  he  not  apprized  of  every  faet,  which  had 
occurred  at  York,  the  capital  of  Upper  Canada,  in  tlje  months  of  April 
and  August,  1818  ?  Yet,  neither  then,  nor  at  any  antecedent  period,  nor 
until  the  24th  of  January,  18td,  was  the  slightest  intimation  given  of  the 
retaliatory  pretext,  which  is  now  oft'ered.  Wher<  the  admirals  Warren 
and  Cochrane  were  employed  in  pillaging  and  buning  the  villages,  on  the 
shores  of  the  Chesapeake,  were  not  all  the  retajia  ory  pretexts,  fur  the 
barbarous  warfare  knov.ii  to  those  commanders  ?  And  yei,  "the  fate  in- 
flicted by  an  American  force  on  the  seat  of  government  in  Upper  Canada," 
was  never  suggested  in  justification,  or  excuse?  And,  finally,  when 
the  expedition  was  formed,  in  August,  1814,  for  the  destruction  of 
the  public  edifices  at  Washington,  was  not  the  "'similar  fate  which  had 
been  inflicted  by  an  American  forc2  on  the  seat  of  govern  •""*  '  'Jp^er 
Canada,"  known  to  admiral  Cochrane,  as  well  as  to  sir  ^Lteorge  Prevost, 
who  called  upon  the  admiral  (it  is  alledged)  to  carry  intq  effect,  measures  of 
retaliation,  against  the  inhabitants  of  the  United  States  ?  And  yet,  both 
the  call,  and  the  compliance,  are  founded  (not  upon  the  destruction  of  the 
public  edifices  at  York,  but)  upon  the  wanton  destruction  committed  by 
the  American  army  in  Upper  Canada,  upon  the  inhabitants  of  the  province, 
for  whom  alone  reparation  was  demanded. 

An  obscurity,  then,  dwells  upon  the  fact  alledged  by  sir  George  Prevost, 
which  has  not  been  dissipated  by  inquiry.  Whether  any  public  edifice  was 
improperly  destroyed  at  York,  or  at  what  period  the  injury  was  done,  if 
<lone  at  all,  and  by  what  hand  it  was  inflicted,  are  points  that  ought  to  have 
been  stated,  when  the  charge  was  made  :  surely  it  is  enoush,  on  the  part 
of  the  American  government,  to  repeat,  that  the  faet  alledged  was  never 
before  brought  to  its  knowledge,  for  investigation,  disavowal,  or  reparation. 
The  silence  of  the  military  and  civil  officers  of  the  provincial  government 
of  Canada,  indicates,  too,  a  sense  of  shame,  or  a  c«tnviction  of  the  injustice 
of  the  present  reproach.  It  is  known,  that  there  could  have  been  nn 
other  public  edifice  for  civil  uses  destroyed  in  Upper  Canada,  than  the 
house  of  the  provincial  legislature,  a  building  of  so  little  cost  and  orna-r 
TD(eiit,  as  hardly  to  merit  consideration  ;  and  certaiuly  affording  neither 


horixed  (» 
noun  I  hat 
therefore, 
overnment 
at  Wash- 
imilarit}'  ; 
for  civil 
founduries 

cupied  by 
ee,  and  by 
he  provin- 
occurrence 
riean  gov* 
bv  anv  of 
plaint  ;  it 
egree  au- 
'rican  gov> 
ititude  and 


t  command 
even  if  the 
r  io  long  a 
re.    When 
measure  uf 
liiet  iiopiit' 
which  biid 
I  of  April 
period,  nor 
;iven  of  the 
lis  Warren 
iges,  on  the 
xts,  fur  the 
he  fate  in- 
r  Canada," 
ully,  when 
ruction    of 
kvhich  had 
■      :pi.er 
;e  Prevost, 
neasures  of 
J  yet,  both 
tion  of  the 
nmitted  by 
e  province, 

5e  Prevogt, 
edifice  was 
l8  done,  if 
;ht  to  have 
n  the  part 
was  never 
eparation. 
avernmcnt 
e  injustice 
3  been  no 
than  the 
and  orna-t 
ig  neithei' 


47 

parallel  nor  &polos;y,  for  (he  cnnflagralion  of  the  splendid  slnictores,  which 
adorned  the  nu-tropulis  of  the  United  SUtts.  if,  hovu-v.i  tliat  bona* 
was  indeed  destroyed,  may  it  not  have  been  an  ntM'idental  ciiifequeni-e  of 
the  confusion,  in  Mhich  the  explosion  of  the  nmga/ine  invulvi'ii  tiie  town  ? 
Or,  perhaps  it  was  hastily  perpetrated  by  some  of  the  enra^«'d  troops  in 
the  moment  of  an^^iiis  i,  for  the  loss  of  a  beloved  commaiidiT,  and  their 
eompanions,  who  bud  been  killed  by  that  explosion,  kindled  as  it  was  by 
a  deii.>ated  enemy,  for  the  sanrpiinnry  and  una\'ailing  purpose :  Or,  in  fine» 
Boir.e  auif'ering  'Jidividual,  remi'mheriiig  the  slaughter  of  his  brethren  at 
the  river  Hais'.n,  and  exasperated  by  the  spectacle  of  a  human  scalp,SHs« 
pended  in  the  legislative  chamber,  over  the  seat  of  the  speaker,  may,  in 
the  parexysm  of  his  vengeance,  have  applied,  unauthorized  and  unseen^ 
the  touch  of  vengeance  and  destractioii. 

Many  other  flagrant  instances  of  Bi'itish  violence,  pillage  and  oonfla' 
gration,  :n  defiance  of  the  laws  of  civilized  hostilties,  might  he  added  to 
the  catalogue,  which  has  been  exhibited  ;  but  the  enumeration  would  be 
superfluous,  and  it  is  time  to  close  so  painful  an  exposition  of  the  causes 
and  character  uf  the  war.  The  exposition  had  become  necesHury  (o  repel 
and  refute  the  charges  of  the  prince  regent,  when,  by  his  declaration  of 
January,  1813,  he  unjustly  states  the  United  Htates  to  be  the  aggressors 
in  the  war;  and  insultingly  ascribes  the  conduct  of  the  American  govern- 
ment, to  the  influence  of  French  councils.  It  was  also  necessary  fo  vindi- 
cate the  course  of  the  United  States,  in  the  prosecution  of  the  war ;  and 
to  expose  to  the  view  of  the  world,  the  barbarous  systorn  of  hostilities, 
which  the  British  government  has  pursued.  Having  accomplished  these 
purposes,  the  American  government  recurs,  with  pleasure,  to  a  contempla- 
tion of  its  early  and  continued  efforts,  for  the  restoration  of  peace.  Not- 
>vithstanding  the  pressure  of  the  recent  wrongs,  and  the  unfriendly  and 
illiberal  disposition,  which  G.  Britian  has.  at  all  times,  manifested  to- 
wards them,  the  United  States  have  never  indulged  sentiments  incompat- 
ible, with  the  reciprocity  of  good  will,  and  an  intercourse  of  mutual  benefit 
and  advantage.  They  can  never  repine,  at  sreeing  the  British  nation 
great,  prosperous,  and  happy  ;  safe  in  its  maritime  rights  ;  anu  powerful 
in  its  means  of  maintaining  tliem  :  but,  at  the  same  time,  they  can  never 
cease  to  desire,  that  the  councils  of  Great  Britain  should  he  guided  by  jus- 
tice, and  a  respect  for  the  equal  rights  of  other  nations.  Her  maritimf% 
{tower  may  extend  to  all  the  legitimate  objects  of  her  sovereignty,  and 
ler  commerce,  without  endangering  the  indejiendence  and  peace  of  every 
other  government.  A  balance  of  power,  in  this  respect,  is  as  necessai'y 
on  the  ocean  as  on  the  land  :  and  the  control  that  it  gives  to  the  nations  o*f 
the  world,  over  the  actions  of  each  other  i"  as  salutary  in  its  operation  to 
the  individual  government,  which  feels  it,  as  to  all  the  governments,  by 
>vhieh,  on  the  just  principles  of  mutual  snpport  and  defence,  it  may  be 
exercised.  On  fair,  and  equal,  and  honorable  terms,  therefore,  peace  is 
at  the  choice  of  Great  Britain  ;  but  if  she  still  determine  upon  war,  the 
United  States,  reposing  upon  the  justness  of  their  cause,  upon  the  pat- 
riotism of  their  citizens  ;  upon  the  distinguished  valor  of  their  land  and 
naval  forces  ;  and,  above  all,  upon  the  dispensations  of  a  beneficent 
Providence  ;  are  ready  to  maintain  the  contest,  for  the  preservation  of 
the  national  independence,  with  the  same  energy  and  fortitude,  whicli 
were  displayed  in  acquiring  it. 


WASQiNfiTOify  February  10,  tsiff^ 


\ 


;»• 


Printed  and  published  by  Thomas  G.  Bangs,  No.  7,  State-Street — prict 
2  dollani  per  dozen,  tb  cents  single. 


Itreet— prict 


